CARL D. PERKINS CAREER AND TECHNICAL EDUCATION ACT …

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CARL D. PERKINS CAREER AND TECHNICAL EDUCATION ACT OF 2006

AS AMENDED BY THE STRENGTHENING CAREER AND TECHNICAL

EDUCATION FOR THE 21ST CENTURY ACT

NOTE: These amendments take effect on July 1, 2019

AN ACT To strengthen and improve the quality of vocational education and to expand the

vocational education opportunities in the Nation, to extend for three years the National Defense

Education Act of 1958 and Public Laws 815 and 874, Eighty-first Congress (federally affected

areas), and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America

in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) [20 U.S.C. 2301 note] Short Title.-- This Act may be cited as the ``Carl D. Perkins Career

and Technical Education Act of 2006''.

(b) Table of Contents.-- The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Purpose.

Sec. 3. Definitions.

Sec. 4. Transition provisions.

Sec. 5. Privacy.

Sec. 6. Limitation.

Sec. 7. Special rule.

Sec. 8. Prohibitions.

Sec. 9. Authorization of appropriations.

TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES

PART A--Allotment and Allocation

Sec. 111. Reservations and State allotment.

Sec. 112. Within State allocation.

Sec. 113. Accountability.

Sec. 114. National activities.

Sec. 115. Assistance for the outlying areas.

Sec. 116. Native American programs.

Sec. 117. Tribally controlled postsecondary career and technical institutions.

PART B--State Provisions

Sec. 121. State administration.

Sec. 122. State plan.

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Sec. 123. Improvement plans.

Sec. 124. State leadership activities.

PART C--Local Provisions

Sec. 131. Distribution of funds to secondary education programs.

Sec. 132. Distribution of funds for postsecondary education programs.

Sec. 133. Special rules for career and technical education.

Sec. 134. Local application for career and technical education programs.

Sec. 135. Local uses of funds.

TITLE II--GENERAL PROVISIONS

PART A--Federal Administrative Provisions

Sec. 211. Fiscal requirements.

Sec. 212. Authority to make payments.

Sec. 213. Construction.

Sec. 214. Voluntary selection and participation.

Sec. 215. Limitation for certain students.

Sec. 216. Federal laws guaranteeing civil rights.

Sec. 217. Participation of private school personnel and children.

Sec. 218. Limitation on Federal regulations.

Sec. 219. Study on programs of study aligned to high-skill, high-wage occupations.

PART B--State Administrative Provisions

Sec. 221. Joint funding.

Sec. 222. Prohibition on use of funds to induce out-of-state relocation of businesses.

Sec. 223. State administrative costs.

Sec. 224. Student assistance and other Federal programs.

SEC. 2. [20 U.S.C. 2301] PURPOSE.

The purpose of this Act is to develop more fully the academic knowledge and technical and

employability skills of secondary education students and postsecondary education students who

elect to enroll in career and technical education programs and programs of study, by--

(1) building on the efforts of States and localities to develop challenging academic and

technical standards and to assist students in meeting such standards, including preparation

for high skill, high wage, or in-demand occupations in current or emerging professions;

(2) promoting the development of services and activities that integrate rigorous and

challenging academic and career and technical instruction, and that link secondary

education and postsecondary education for participating career and technical education

students;

(3) increasing State and local flexibility in providing services and activities designed to

develop, implement, and improve career and technical education;

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(4) conducting and disseminating national research and disseminating information on best

practices that improve career and technical education programs and programs of study,

services, and activities;

(5) providing technical assistance that--

(A) promotes leadership, initial preparation, and professional development at the

State and local levels; and

(B) improves the quality of career and technical education teachers, faculty,

administrators, and counselors;

(6) supporting partnerships among secondary schools, postsecondary institutions,

baccalaureate degree granting institutions, area career and technical education schools,

local workforce investment boards, business and industry, and intermediaries;

(7) providing individuals with opportunities throughout their lifetimes to develop, in

conjunction with other education and training programs, the knowledge and skills needed

to keep the United States competitive; and

(8) increasing the employment opportunities for populations who are chronically

unemployed or underemployed, including individuals with disabilities, individuals from

economically disadvantaged families, out-of-workforce individuals, youth who are in, or

have aged out of, the foster care system, and homeless individuals.

SEC. 3. [20 U.S.C. 2302] DEFINITIONS.

Unless otherwise specified, in this Act:

(1) ADMINISTRATION.--

The term `àdministration'', when used with respect to an eligible agency or eligible

recipient, means activities necessary for the proper and efficient performance of the eligible

agency or eligible recipient's duties under this Act, including the supervision of such activities.

Such term does not include curriculum development activities, personnel development, or

research activities.

(2) ALL ASPECTS OF AN INDUSTRY.--

The term `àll aspects of an industry'' means strong experience in, and comprehensive

understanding of, the industry that the individual is preparing to enter.

(3) AREA CAREER AND TECHNICAL EDUCATION SCHOOL.--

The term `àrea career and technical education school'' means--

(A) a specialized public secondary school used exclusively or principally for the

provision of career and technical education to individuals who are available for study in

preparation for entering the labor market;

(B) the department of a public secondary school exclusively or principally used for

providing career and technical education in not fewer than 3 different fields that are available to

all students, especially in high-skill, high-wage, or in-demand industry sectors or occupations,

that are available to all students;

(C) a public or nonprofit technical institution or career and technical education school

used exclusively or principally for the provision of career and technical education to individuals

who have completed or left secondary school and who are available for study in preparation for

entering the labor market, if the institution or school admits, as regular students, individuals who

have completed secondary school and individuals who have left secondary school; or

(D) the department or division of an institution of higher education, that operates under

the policies of the eligible agency and that provides career and technical education in not fewer

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than 3 different occupational fields leading to immediate employment but not necessarily leading

to a baccalaureate degree, if the department or division admits, as regular students, both

individuals who have completed secondary school and individuals who have left secondary

school.

(4) ARTICULATION AGREEMENT.--

The term ``articulation agreement'' means a written commitment--

(A) that is agreed upon at the State level or approved annually by the lead administrators

of--

(i) a secondary institution and a postsecondary educational institution; or

(ii) a subbaccalaureate degree granting postsecondary educational institution and

a baccalaureate degree granting postsecondary educational institution; and

(B) to a program that is--

(i) designed to provide students with a nonduplicative sequence of progressive

achievement leading to technical skill proficiency, a credential, a certificate, or a degree;

and

(ii) linked through credit transfer agreements between the 2 institutions described

in clause (i) or (ii) of subparagraph (A) (as the case may be).

(5) CAREER AND TECHNICAL EDUCATION.--

The term ``career and technical education'' means organized educational activities that--

(A) offer a sequence of courses that--

(i) provides individuals with rigorous academic content and relevant technical

knowledge and skills needed to prepare for further education and careers in current or

emerging professions, which may include high-skill, high-wage, or in-demand industry

sectors or occupations, which shall be, at the secondary level, aligned with the

challenging State academic standards adopted by a State under section

1111(b)(1) of the Elementary and Secondary Education Act of 1965;

(ii) provides technical skill proficiency or a recognized postsecondary credential

which may include an industry-recognized credential, a certificate, or an associate degree

; and

(iii) may include prerequisite courses (other than a remedial course) that meet the

requirements of this subparagraph;

(B) include competency-based, work-based, or other applied learning that supports the

development of academic knowledge, higher-order reasoning and problem-solving skills, work

attitudes, employability skills, technical skills, and occupation-specific skills, and knowledge of

all aspects of an industry, including entrepreneurship, of an individual;

C) to the extent practicable, coordinate between secondary and postsecondary education

programs through programs of study, which may include coordination through articulation

agreements, early college high school programs, dual or concurrent enrollment program

opportunities, or other credit transfer agreements that provide postsecondary credit or advanced

standing; and

(D) may include career exploration at the high school level or as early as the middle

grades (as such term is defined in section 8101of the Elementary and Secondary Education Act

of 1965).

(6) CAREER AND TECHNICAL STUDENT ORGANIZATION.--

(A) IN GENERAL.--

The term ``career and technical student organization'' means an organization for individuals

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enrolled in a career and technical education program that engages in career and technical

education activities as an integral part of the instructional program.

(B) STATE AND NATIONAL UNITS.--

An organization described in subparagraph (A) may have State and national units that aggregate

the work and purposes of instruction in career and technical education at the local level.

(7) CAREER GUIDANCE AND ACADEMIC COUNSELING.--

The term ``career guidance and academic counseling'' means guidance and counseling that--

(A) provides access for students (and, as appropriate parents and out-of-school youth) to

information regarding career awareness exploration opportunities and planning with respect to an

individual's occupational and academic future;

(B) provides information to students (and, as appropriate, parents and out-of-school

youth) with respect to career options, financial aid, job training, secondary and postsecondary

options (including associate and baccalaureate degree programs), dual or concurrent enrollment

programs, work-based learning opportunities, early college high schools, financial literacy, and

support services, as appropriate; and

(C) may provide assistance for special populations with respect to direct support services

that enable students to persist in and complete career and technical education, programs of study,

or career pathways.

(8) Career Pathways.—The term ‘career pathways’ has the meaning given the term in

section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

(9) CHARTER SCHOOL.--

The term ``charter school'' has the meaning given the term in section 4310 of the Elementary and

Secondary Education Act of 1965.

(10) COOPERATIVE EDUCATION.--

The term ``cooperative education'' means a method of education for individuals who, through

written cooperative arrangements between a school and employers, receive instruction, including

required rigorous and challenging academic courses and related career and technical education

instruction, by alternation of study in school with a job in any occupational field, which

alternation--

(A) shall be planned and supervised by the school and employer so that each contributes

to the education and employability of the individual; and

(B) may include an arrangement in which work periods and school attendance may be on

alternate half days, full days, weeks, or other periods of time in fulfilling the cooperative

program.

(11) CREDIT TRANSFER AGREEMENT. —The term ‘credit transfer agreement’ means a

formal agreement, such as an articulation agreement, among and between secondary and

postsecondary education institutions or systems that grant students transcripted postsecondary

credit, which may include credit granted to students in dual or concurrent enrollment programs,

early college high school, dual credit, articulated credit, and credit granted on the basis of

performance on technical or academic assessments.

(12) CTE CONCENTRATOR.—The term ‘CTE concentrator’ means—

(A) at the secondary school level, a student served by an eligible recipient who has

completed at least 2 courses in a single career and technical education program or program of

study; and

(B) at the postsecondary level, a student enrolled in an eligible recipient who has—

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(i) earned at least 12 credits within a career and technical education program or

program of study; or

(ii) completed such a program if the program encompasses fewer than 12 credits

or the equivalent in total.

(13) CTE PARTICIPANT.—The term ‘CTE participant’ means an individual who completes

not less than one course in a career and technical education program or program of study of an

eligible recipient.

(14) DIRECTOR. —The term ‘Director’ means the Director of the Institute of Education

Sciences.

(15) DUAL OR CONCURRENT ENROLLMENT PROGRAM. —The term ‘dual or concurrent

enrollment program’ has the meaning given the term in section 8101 of the Elementary and

Secondary Education Act of 1965.

(16) EARLY COLLEGE HIGH SCHOOL.—The term ‘early college high school’ has the

meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965.

(17) EDUCATIONAL SERVICE AGENCY.--

The term ``educational service agency'' has the meaning given the term in section 8101 of the

Elementary and Secondary Education Act of 1965.

(18) ELIGIBLE AGENCY.--

The term ``eligible agency'' means a State board designated or created consistent with State law

as the sole State agency responsible for the administration of career and technical education in

the State or for the supervision of the administration of career and technical education in the

State.

(19) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a consortium that includes the

following:

(A) Representatives of not less than 2 of the following categories of entities, 1 of which

shall serve as the fiscal agent for the consortium:

(i) A local educational agency or a consortium of such agencies.

(ii) An educational service agency serving secondary school students.

(iii) An area career and technical education school or a consortium of such

schools.

(iv) An Indian Tribe, Tribal organization, or Tribal educational agency.

(v) An institution of higher education whose most common degree awarded is an

associate degree, or a consortium of such institutions.

(vi) An institution of higher education whose most common degree awarded is a

bachelor’s or higher degree, or a consortium of such institutions.

(vii) A State educational agency.

(B) One or more business or industry representative partners, which may include

representatives of local or regional businesses or industries, including industry or sector

partnerships in the local area, local workforce development boards, or labor organizations.

(C) One or more stakeholders, which may include—

(i) parents and students;

(ii) representatives of local agencies serving out-of-school youth, homeless

children and youth, and at-risk youth (as defined in section 1432 of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 6472));

(iii) representatives of Indian tribes and Tribal organizations, where applicable;

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(iv) representatives of minority-serving institutions (as described in paragraphs

(1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C.

1067q(a)), where applicable;

(v) representatives of special populations;

(vi) representatives of adult career and technical education providers; or

(vii) other relevant community stakeholders.

(20) ELIGIBLE INSTITUTION.—The term ‘eligible institution’ means—

(A) a consortium of 2 or more of the entities described in subparagraphs (B) through (F);

(B) a public or nonprofit private institution of higher education that offers and will use

funds provided under this title in support of career and technical education courses that lead to

technical skill proficiency or a recognized postsecondary credential, including an industry-

recognized credential, a certificate, or an associate degree;

(C) a local educational agency providing education at the postsecondary level;

(D) an area career and technical education school providing education at the

postsecondary level;

(E) an Indian Tribe, Tribal organization, or Tribal education agency that operates a

school or may be present in the State;

(F) a postsecondary educational institution controlled by the Bureau of Indian Education

or operated by or on behalf of any Indian Tribe that is eligible to contract with the Secretary of

the Interior for the administration of programs under the Indian Self-Determination and

Education Assistance Act (25 U.S.C. 5301 et seq.) or the Act of April 16, 1934 (25 U.S.C. 5342

et seq.);

(G) a tribally controlled college or university; or

(H) an educational service agency.

(21) ELIGIBLE RECIPIENT.--

The term ``eligible recipient'' means--

(A) a local educational agency (including a public charter school that operates as a local

educational agency), an area career and technical education school, an educational service

agency, an Indian Tribe, Tribal organization, or Tribal educational agency or a consortium,

eligible to receive assistance under section 131; or

(B) an eligible institution or consortium of eligible institutions eligible to receive

assistance under section 132.

(22) ENGLISH LEARNER. —The term ’English learner’ means—

(A) a secondary school student who is an English learner, as defined in section 8101 of

the Elementary and Secondary Education Act of 1965; or

(B) an adult or an out-of-school youth who has limited ability in speaking, reading,

writing, or understanding the English language and—

(i) whose native language is a language other than English; or

(ii) who lives in a family environment in which a language other than English is the

dominant language.

(23) EVIDENCE-BASED. —The term ‘evidence-based’ has the meaning given the term in

section 8101(21)(A) of the Elementary and Secondary Education Act of 1965.

(24) GOVERNOR.--

The term ``Governor'' means the chief executive officer of a State.

(25) HIGH SCHOOL.—The term ‘high school’ has the meaning given the term in section 8101

of the Elementary and Secondary Education Act of 1965.

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(26) IN-DEMAND INDUSTRY SECTOR OR OCCUPATION.—The term ‘in-demand industry

sector or occupation’ has the meaning given the term in section 3 of the Workforce Innovation

and Opportunity Act (29 U.S.C. 3102).

(27) INDIAN; INDIAN TRIBE.—The terms ‘Indian’ and ‘Indian Tribe’ have the meanings

given the terms ‘Indian’ and ‘Indian tribe’, respectively, in section 4 of the Indian Self-

Determination and Education Assistance Act (25 U.S.C. 5304).

(28) INDIVIDUAL WITH A DISABILITY.--

(A) IN GENERAL.--

The term `ìndividual with a disability'' means an individual with any disability (as defined in

section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102)).

(B) INDIVIDUALS WITH DISABILITIES.--

The term `ìndividuals with disabilities'' means more than 1 individual with a disability.

(29) INDUSTRY OR SECTOR PARTNERSHIP.—The term ‘industry or sector partnership’ has

the meaning given the term in section 3 of the Workforce Innovation and Opportunity Act (29

U.S.C. 3102).

(30) INSTITUTION OF HIGHER EDUCATION.--

The term `ìnstitution of higher education'' has the meaning given the term in section 101 of the

Higher Education Act of 1965.

(31) LOCAL EDUCATIONAL AGENCY.--

The term ``local educational agency'' has the meaning given the term in section 8101 of the


(32) LOCAL WORKFORCE DEVELOPMENT BOARD.—The term ‘local workforce

development board’ means a local workforce development board established under section 107

of the Workforce Innovation and Opportunity Act (29 U.S.C. 3122).

(33) NON-TRADITIONAL FIELDS.--

The term ``non-traditional fields'' means occupations or fields of work, such as careers in

computer science, technology, and other current and emerging high skill occupations, for which

individuals from one gender comprise less than 25 percent of the individuals employed in each

such occupation or field of work.

(34) OUTLYING AREA.--

The term `òutlying area'' means the United States Virgin Islands, Guam, American Samoa, the

Commonwealth of the Northern Mariana Islands, and the Republic of Palau.

(35) OUT-OF-SCHOOL YOUTH.—The term ‘out-of-school youth’ has the meaning given the

term in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).

(36) OUT-OF-WORKFORCE INDIVIDUAL.—The term ‘out-of-workforce individual’

means—

(A) an individual who is a displaced homemaker, as defined in section 3 of the

Workforce Innovation and Opportunity Act (29 U.S.C. 3102); or

(B) an individual who—

(i)(I) has worked primarily without remuneration to care for a home and family,

and for that reason has diminished marketable skills; or

(II) is a parent whose youngest dependent child will become ineligible to

receive assistance under part A of title IV of the Social Security Act (42 U.S.C.

601 et seq.) not later than 2 years after the date on which the parent applies for

assistance under such title; and

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(ii) is unemployed or underemployed and is experiencing difficulty in obtaining

or upgrading employment.

(37) PARAPROFESSIONAL.—The term ‘paraprofessional’ has the meaning given the term in

section 8101 of the Elementary and Secondary Education Act of 1965.

(38) PAY FOR SUCCESS INITIATIVE.—

(A) IN GENERAL.—Subject to subparagraph (B), the term ‘pay for success initiative’

means a performance-based grant, contract, or cooperative agreement awarded by a State or local

public entity (such as a local educational agency) to a public or private nonprofit entity—

(i) in which a commitment is made to pay for improved outcomes that result in

increased public value and social benefit to students and the public sector, such as

improved student outcomes as evidenced by the indicators of performance described in

section 113(b)(2) and direct cost savings or cost avoidance to the public sector; and

(ii) that includes—

(I) a feasibility study on the initiative describing how the proposed

intervention is based on evidence of effectiveness;

(II) a rigorous, third-party evaluation that uses experimental or quasi-

experimental design or other research methodologies that allow for the strongest

possible causal inferences to determine whether the initiative has met its proposed

outcomes;

(III) an annual, publicly available report on the progress of the initiative;

and

(IV) a requirement that payments are made to the recipient of a grant,

contract, or cooperative agreement only when agreed upon outcomes are

achieved, except that the entity may make payments to the third party conducting

the evaluation described in subclause (II).

(B) EXCLUSION.—The term ‘pay for success initiative’ does not include any initiative

that—

(i) reduces the special education or related services that a student would otherwise

receive under the Individuals with Disabilities Education Act; or

(ii) otherwise reduces the rights of a student or the obligations of an entity under

the Individuals with Disabilities Education Act, the Rehabilitation Act of 1973 (29

U.S.C. 701 et seq.), the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et

seq.), or any other law.

(39) POSTSECONDARY EDUCATIONAL INSTITUTION.--

The term ``postsecondary educational institution'' means--

(A) an institution of higher education that provides not less than a 2-year program of

instruction that is acceptable for credit toward a bachelor's degree;

(B) a tribally controlled college or university; or

(C) a nonprofit educational institution offering certificate or other skilled training

programs at the postsecondary level.

(40) PROFESSIONAL DEVELOPMENT.—The term ‘professional development’ means

activities that—

(A) are an integral part of eligible agency, eligible recipient, institution, or school

strategies for providing educators (including teachers, principals, other school leaders,

administrators, specialized instructional support personnel, career guidance and academic

counselors, and paraprofessionals) with the knowledge and skills necessary to enable students to

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succeed in career and technical education, to meet challenging State academic standards under

section 1111(b)(1) of the Elementary and Secondary Education Act, or to achieve academic

skills at the postsecondary level; and

(B) are sustained (not stand-alone, 1-day, or short-term workshops), intensive,

collaborative, job-embedded, data-driven, and classroom-focused, to the extent

practicable evidence-based, and may include activities that—

(i) improve and increase educators’—

(I) knowledge of the academic and technical subjects;

(II) understanding of how students learn; and

(III) ability to analyze student work and achievement from multiple

sources, including how to adjust instructional strategies, assessments, and

materials based on such analysis;

(ii) are an integral part of eligible recipients’ improvement plans;

(iii) allow personalized plans for each educator to address the educator’s specific

needs identified in observation or other feedback;

(iv) support the recruitment, hiring, and training of effective educators, including

educators who became certified through State and local alternative routes to certification;

(v) advance educator understanding of—

(I) effective instructional strategies that are evidence-based; and

(II) strategies for improving student academic and technical achievement

or substantially increasing the knowledge and teaching skills of educators;

(vi) are developed with extensive participation of educators, parents, students, and

representatives of Indian Tribes (as applicable), of schools and institutions served under

this Act;

(vii) are designed to give educators of students who are English learners in career

and technical education programs or programs of study the knowledge and skills to

provide instruction and appropriate language and academic support services to those

students, including the appropriate use of curricula and assessments;

(viii) as a whole, are regularly evaluated for their impact on increased educator

effectiveness and improved student academic and technical achievement, with the

findings of the evaluations used to improve the quality of professional development;

(ix) are designed to give educators of individuals with disabilities in career and

technical education programs or programs of study the knowledge and skills to provide

instruction and academic support services to those individuals, including positive

behavioral interventions and supports, multi-tier system of supports, and use of

accommodations;

(x) include instruction in the use of data and assessments to inform and instruct

classroom practice;

(xi) include instruction in ways that educators may work more effectively with

parents and families;

(xii) provide follow-up training to educators who have participated in activities

described in this paragraph that are designed to ensure that the knowledge and skills

learned by the educators are implemented in the classroom;

(xiii) promote the integration of academic knowledge and skills and relevant

technical knowledge and skills, including programming jointly delivered to academic

and career and technical education teachers; or

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(xiv) increase the ability of educators providing career and technical education

instruction to stay current with industry standards.

(41) PROGRAM OF STUDY.—The term ‘program of study’ means a coordinated,

nonduplicative sequence of academic and technical content at the secondary and postsecondary

level that—

(A) incorporates challenging State academic standards, including those adopted by a

State under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965;

(B) addresses both academic and technical knowledge and skills, including employability

skills;

(C) is aligned with the needs of industries in the economy of the State, region, Tribal

community, or local area;

(D) progresses in specificity (beginning with all aspects of an industry or career cluster

and leading to more occupation-specific instruction);

(E) has multiple entry and exit points that incorporate credentialing; and

(F) culminates in the attainment of a recognized postsecondary credential.

(42) QUALIFIED INTERMEDIARY.—The term ‘qualified intermediary’ means a nonprofit

entity, which may be part of an industry or sector partnership, that demonstrates expertise in

building, connecting, sustaining, and measuring partnerships with entities such as employers,

schools, community-based organizations, postsecondary institutions, social service

organizations, economic development organizations, Indian tribes or Tribal organizations, and

workforce systems to broker services, resources, and support to youth and the organizations and

systems that are designed to serve youth, including—

(A) connecting employers to classrooms;

(B) assisting in the design and implementation of career and technical education

programs and programs of study;

(C) delivering professional development;

(D) connecting students to internships and other work-based learning opportunities; and

(E) developing personalized student supports.

(43) RECOGNIZED POSTSECONDARY CREDENTIAL. —The term ‘recognized

postsecondary credential’ has the meaning given the term in section 3 of the Workforce

Innovation and Opportunity Act (29 U.S.C. 3102).

(44) SECONDARY SCHOOL.--

The term ``secondary school'' has the meaning given the term in section 8101 of the Elementary

and Secondary Education Act of 1965.

(45) SECRETARY.--

The term ``Secretary'' means the Secretary of Education.

(46) SPECIALIZED INSTRUCTIONAL SUPPORT PERSONNEL. —The term ‘specialized

instructional support personnel’ has the meaning given the term in section 8101 of the


(47) SPECIALIZED INSTRUCTIONAL SUPPORT SERVICES. —The term “specialized

instructional support services” has the meaning given the term in section 8101 of the Elementary

and Secondary Education Act of 1965.

(48) SPECIAL POPULATIONS.--

The term ``special populations'' means--

(A) individuals with disabilities;

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(B) individuals from economically disadvantaged families, including low-income youth

and adults;

(C) individuals preparing for non-traditional fields;

(D) single parents, including single pregnant women;

(E) out-of-workforce individuals;

(F)English learners ;

(G) homeless individuals described in section 725 of the McKinney-Vento Homeless

Assistance Act (42 U.S.C. 11434a);

(H) youth who are in, or have aged out of, the foster care system; and

(I) youth with a parent who—

(i) is a member of the armed forces (as such term is defined in section 101(a)(4)

of title 10, United States Code); and

(ii) is on active duty (as such term is defined in section 101(d)(1) of such title.

(49) STATE.--

The term ``State'', unless otherwise specified, means each of the several States of the United

States, the District of Columbia, the Commonwealth of Puerto Rico, and each outlying area.

(50) SUPPORT SERVICES.--

The term ``support services'' means services related to curriculum modification, equipment

modification, classroom modification, supportive personnel (including paraprofessionals and

specialized instructional support personnel), and instructional aids and devices.

(51) TRIBALLY CONTROLLED COLLEGE OR UNIVERSITY.--

The term ``tribally controlled college or university'' has the meaning given the term in section

2(a) of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C.

1801(a)).

(52) TRIBALLY CONTROLLED POSTSECONDARY CAREER AND TECHNICAL

INSTITUTION.--

The term ``tribally controlled postsecondary career and technical institution'' means an institution

of higher education (as defined in section 101 of the Higher Education Act of 1965, except that

subsection (a)(2) of such section shall not be applicable and the reference to Secretary in

subsection (a)(5) of such section shall be deemed to refer to the Secretary of the Interior) that--

(A) is formally controlled, or has been formally sanctioned or chartered, by the governing

body of an Indian Tribe or Indian Tribes;

(B) offers a technical degree or certificate granting program;

(C) is governed by a board of directors or trustees, a majority of whom are Indians;

(D) demonstrates adherence to stated goals, a philosophy, or a plan of operation, that

fosters individual Indian economic and self-sufficiency opportunity, including programs that are

appropriate to stated Tribal goals of developing individual entrepreneurships and self-sustaining

economic infrastructures on reservations or tribal lands;

(E) has been in operation for at least 3 years;

(F) holds accreditation with or is a candidate for accreditation by a nationally recognized

accrediting authority for postsecondary career and technical education; and

(G) enrolls the full-time equivalent of not less than 100 students, of whom a majority are

Indians.

(53) TRIBAL ORGANIZATION.—The term ‘Tribal organization’ has the meaning given the

term ‘tribal organization’ in section 4 of the Indian Self-Determination and Education Assistance

Act (25 U.S.C. 5304).

13

(54) UNIVERSAL DESIGN FOR LEARNING.—The term ‘universal design for learning’ has

the meaning given the term in section 8101 of the Elementary and Secondary Education Act of

1965.

(55) WORK-BASED LEARNING.—The term ‘work-based learning’ means sustained

interactions with industry or community professionals in real workplace settings, to the extent

practicable, or simulated environments at an educational institution that foster in-depth, firsthand

engagement with the tasks required of a given career field, that are aligned to curriculum and

instruction.

SEC. 4. [20 U.S.C. 2303] TRANSITION PROVISIONS.

The Secretary shall take such steps as are necessary to provide for the orderly transition to the

authority of this Act (as amended by the Strengthening Career and Technical Education for the

21st Century Act) from any authority under the provisions of the Carl D. Perkins Vocational and

Technical Education Act of 2006, as in effect on the day before the date of enactment of the

Strengthening Career and Technical Education for the 21st Century Act. The Secretary shall give

each eligible agency the opportunity to submit a transition plan for the first fiscal year following

the date of enactment of the Carl D. Perkins Career and Technical Education Improvement Act

of 2006.

SEC. 5. [20 U.S.C. 2304] PRIVACY.

(a) GEPA.--

Nothing in this Act shall be construed to supersede the privacy protections afforded parents and

students under section 444 of the General Education Provisions Act (20 U.S.C. 1232g).

(b) Prohibition on Development of National Database.--

Nothing in this Act shall be construed to permit the development of a national database of

personally identifiable information on individuals receiving services under this Act.

SEC. 6. [20 U.S.C. 2305] LIMITATION.

All of the funds made available under this Act shall be used in accordance with the requirements

of this Act.

SEC. 7. [20 U.S.C. 2306] SPECIAL RULE.

In the case of a local community in which no employees are represented by a labor organization,

for purposes of this Act, the term ``representatives of employees'' shall be substituted for ``labor

organization''.

SEC. 8. [20 U.S.C. 2306a] PROHIBITIONS.

(a) LOCAL CONTROL.--

Nothing in this Act shall be construed to authorize an officer or employee of the Federal

Government--

(1) to condition or incentivize the receipt of any grant, contract, or cooperative

agreement, or the receipt of any priority or preference under such grant, contract, or cooperative

agreement, upon a State, local educational agency, eligible agency, eligible recipient, eligible

entity, or school’s adoption or implementation of specific instructional content, academic

standards and assessments, curricula, or program of instruction (including any condition,

priority, or preference to adopt the Common Core State Standards developed under the Common

14

Core State Standards Initiative, any other academic standards common to a significant number of

States, or any assessment, instructional content, or curriculum aligned to such standards);

(2) through grants, contracts, or other cooperative agreements, to mandate, direct, or

control a State, local educational agency, eligible agency, eligible recipient, eligible entity, or

school’s specific instructional content, academic standards and assessments, curricula, or

program of instruction (including any requirement, direction, or mandate to adopt the Common

Core State Standards developed under the Common Core State Standards Initiative, any other

academic standards common to a significant number of States, or any assessment, instructional

content, or curriculum aligned to such standards); or

(3) except as required under sections 112(b), 211(b), and 223—

(A) to mandate, direct, or control the allocation of State or local resources; or

(B) to mandate that a State or a political subdivision of a State spend any funds or incur

any costs not paid for under this Act.

(b) NO PRECLUSION OF OTHER ASSISTANCE.--

Any State that declines to submit an application to the Secretary for assistance under this Act

shall not be precluded from applying for assistance under any other program administered by the

Secretary.

(c) PROHIBITION ON REQUIRING FEDERAL APPROVAL OR CERTIFICATION

OF STANDARDS.--

Notwithstanding any other provision of Federal law, no State shall be required to have academic

and career and technical content standards or student academic and career and technical

achievement standards approved or certified by the Federal Government, in order to receive

assistance under this Act.

(d) RULE OF CONSTRUCTION. —Nothing in this section affects the applicability of

subchapter II of chapter 5, and chapter 7, of title 5, United States Code, (commonly known as the

‘‘Administrative Procedure Act’’) or chapter 8 of title 5, United States Code, commonly known

as the ‘‘Congressional Review Act’’).

(e) COHERENT AND RIGOROUS CONTENT.--

For the purposes of this Act, coherent and rigorous content shall be determined by the State

consistent with section 1111(b)(1) of the Elementary and Secondary Education Act of 1965.

(f) CONGRESSIONAL NOTICE AND COMMENT. —

(1) NOTICE TO CONGRESS. —Not less than 15 business days prior to issuing a notice

of proposed rulemaking related to this Act in the Federal Register, the Secretary shall provide to

the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on

Education and the Workforce of the House of Representatives, and other relevant congressional

committees, notice of the Secretary’s intent to issue a notice of proposed rulemaking that shall

include—

(A) a copy of the proposed regulation;

(B) the need to issue the regulation;

(C) a description of how the regulation is consistent with the scope of this Act;

(D) the anticipated burden (including the time, cost, and paperwork burden) the

regulation will impose on an eligible agency, institution, or recipient that may be impacted by the

regulation, including the potential impact on rural areas;

(E) the anticipated benefits to an eligible agency, institution, or recipient that may be

impacted by the regulation, including in rural areas; and

(F) any regulations that will be repealed when the new regulation is issued.

15

(2) COMMENT PERIOD FOR CONGRESS. —The Secretary shall—

(A) before issuing any notice of proposed rulemaking under this subsection, provide

Congress with a comment period of 15 business days to make comments on the proposed

regulation, beginning on the date that the Secretary provides the notice of intent to the

appropriate committees of Congress under paragraph (1); and

(B) include and seek to address all comments submitted by members of Congress in the

public rulemaking record for the regulation published in the Federal Register.

(3) COMMENT AND REVIEW PERIOD; EMERGENCY SITUATIONS. —The

comment and review period for any proposed regulation shall be not less than 60 days unless an

emergency requires a shorter period, in which case the Secretary shall—

(A) designate the proposed regulation as an emergency with an explanation of the

emergency in the notice to Congress under paragraph (1);

(B) publish the length of the comment and review period in such notice and in the Federal

Register; and

(C) conduct immediately thereafter regional meetings to review such proposed regulation

before issuing any final regulation.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this Act (other than sections 114 and 117)—

(1) $1,229,568,538 for fiscal year 2019;

(2) $1,246,782,498 for fiscal year 2020;

(3) $1,264,237,452 for fiscal year 2021;

(4) $1,281,936,777 for fiscal year 2022;

(5) $1,299,883,892 for fiscal year 2023; and

(6) $1,318,082,266 for fiscal year 2024.

TITLE I--CAREER AND TECHNICAL EDUCATION ASSISTANCE TO THE STATES

PART A--ALLOTMENT AND ALLOCATION

SEC. 111. RESERVATIONS AND STATE ALLOTMENT.

(a) RESERVATIONS AND STATE ALLOTMENT.—(1) RESERVATIONS.—From the

amount appropriated under section 9 for each fiscal year, the Secretary shall reserve—

(A) 0.13 percent to carry out section 115; and

(B) 1.50 percent to carry out section 116, of which—

(i) 1.25 percent of the sum shall be available to carry out section 116(b); and

(ii) 0.25 percent of the sum shall be available to carry out section 116(h).

(2) FOUNDATIONAL GRANT.—

(A) IN GENERAL.—From the remainder of the amount appropriated under section 9 and

not reserved under paragraph (1) for a fiscal year, the Secretary shall allot to a State for

the fiscal year an amount equal to the amount the State received in fiscal year 2018.

(B) RATABLE REDUCTION.—If for any fiscal year the amount appropriated for

allotments under this section is insufficient to satisfy the provisions of subparagraph (A), the

payments to all States under such subparagraph shall be ratably reduced.

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(3) ADDITIONAL FUNDS.—Subject to paragraph (4), from the additional funds remaining

from the amount appropriated under section 9 and not expended under paragraphs (1) and (2) for

a fiscal year, the Secretary shall allot to a State for the fiscal year—

(A) an amount that bears the same ratio to 50 percent of the sum being allotted as the

product of the population aged 15 to 19, inclusive, in the State in the fiscal year preceding the

fiscal year for which the determination is made and the State’s allotment ratio bears to the sum of

the corresponding products for all the States;

(B) an amount that bears the same ratio to 20 percent of the sum being allotted as the



the corresponding products for all the States;

(C) an amount that bears the same ratio to 15 percent of the sum being allotted as the



the corresponding products for all the States; and

(D) an amount that bears the same ratio to 15 percent of the sum being allotted as the

amounts allotted to the State under subparagraphs (A), (B), and (C) for such years bears to the

sum of the amounts allotted to all the States under subparagraphs (A), (B), and (C) for such year.

(4) MINIMUM ALLOTMENT FOR YEARS WITH ADDITIONAL FUNDS.—

(A) IN GENERAL.—Subject to subparagraph (B), for a fiscal year for which there are

additional funds described in paragraph (3), no State shall receive for such fiscal year under

paragraph (3) less than 1/2 of 1 percent of the additional funds available for such fiscal year.

Amounts necessary for increasing such payments to States to comply with the preceding

sentence shall be obtained by ratably reducing the amounts to be paid to other States.

(B) SPECIAL RULE.—In the case of a qualifying State, the minimum allotment under

subparagraph (A) for a fiscal year for the qualifying State shall be the lesser of—

(i) 1/2 of 1 percent of the additional funds available for such fiscal year; and

(ii) the product of—

(I) 1/3 of the additional funds;

multiplied by

(II) the quotient of—

(aa) the qualifying State’s ratio described in subparagraph(C) for

the fiscal year for which the determination is made;

divided by

(bb) the sum of all such ratios for all qualifying States for the fiscal

year for which the determination is made.

(C) RATIO.—For purposes of subparagraph (B)(ii)(II)(aa), the ratio for a qualifying

State for a fiscal year shall be 1.00 less the quotient of—

(i) the amount the qualifying State is allotted under paragraph (3) for the fiscal

year;

divided by

(ii) 1/2 of 1 percent of the amount appropriated under paragraph (3) for the fiscal

year for which the determination is made.

(D) DEFINITIONS.—In this paragraph, the term ‘qualifying State’ means a State

(except the United States Virgin Islands) that, for the fiscal year for which a determination

under this paragraph is made, would receive, under the allotment formula under paragraph

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(3)(without the application of this paragraph), an amount that would be less than the amount the

State would receive under subparagraph (A) for such fiscal year.

(b) REALLOTMENT.—If the Secretary determines that any amount of any State’s allotment

under subsection (a) for any fiscal year will not be required for such fiscal year for carrying out

the activities for which such amount has been allotted, the Secretary shall make such amount

available for reallotment. Any such reallotment among other States shall occur on such dates

during the same year as the Secretary shall fix, and shall be made on the basis of criteria

established by regulation. No funds may be reallotted for any use other than the use for which the

funds were appropriated. Any amount reallotted to a State under this subsection for any fiscal

year shall remain available for obligation during the succeeding fiscal year and shall be deemed

to be part of the State’s allotment for the year in which the amount is obligated.

(c) ALLOTMENT RATIO.—

(1) IN GENERAL.—The allotment ratio for any State shall be 1.00 less the product of—

(A) 0.50; and

(B) the quotient obtained by dividing the per capita income for the State by the

per capita income for all the States (exclusive of the Commonwealth of Puerto

Rico and the United States Virgin Islands), except that—

(i) the allotment ratio in no case shall be more than 0.60 or less than 0.40;

and

(ii) the allotment ratio for the Commonwealth of Puerto Rico and the

United States Virgin Islands shall be 0.60.

(2) PROMULGATION.—The allotment ratios shall be promulgated by the Secretary for

each fiscal year between October 1 and December 31 of the fiscal year preceding the fiscal year

for which the determination is made. Allotment ratios shall be computed on the basis of the

average of the appropriate per capita incomes for the 3 most recent consecutive fiscal years for

which satisfactory data are available.

(3) DEFINITION OF PER CAPITA INCOME.—For the purpose of this section, the term

‘per capita income’ means, with respect to a fiscal year, the total personal income in the calendar

year ending in such year, divided by the population of the area concerned in such year.

(4) POPULATION DETERMINATION.—For the purposes of this section, population

shall be determined by the Secretary on the basis of the latest estimates available to the

Department of Education.

(d) DEFINITION OF STATE.—For the purpose of this section, the term ‘State’ means each of

the several States of the United States, the District of Columbia, the Commonwealth of Puerto

Rico, and the United States Virgin Islands.

SEC. 112. [20 U.S.C. 2322] WITHIN STATE ALLOCATION.

(a) IN GENERAL.--

From the amount allotted to each State under section 111 for a fiscal year, the eligible agency

shall make available--

(1) not less than 85 percent for distribution under section 131 or 132, of which not

more than 15 percent of the 85 percent may be used in accordance with subsection (c);

(2) not more than 10 percent to carry out State leadership activities described in

section 124, of which--

(A) an amount equal to not more than 2 percent of the amount allotted to

the State under section 111 for the fiscal year shall be made available to serve

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individuals in State institutions, such as State correctional institutions, juvenile

justice facilities, and educational institutions that serve individuals with

disabilities;

(B) not less than $60,000 and not more than $150,000 shall be available

for services that prepare individuals for non-traditional fields; and

(C) an amount shall be made available for the recruitment of special

populations to enroll in career and technical education programs, which shall be

not less than the lesser of—

(i) an amount equal to 0.1 percent; or

(ii) $50,000; and

(3) an amount equal to not more than 5 percent, or $250,000, whichever is greater,

for administration of the State plan, which may be used for the costs of--

(A) developing the State plan;

(B) reviewing local applications;

(C) monitoring and evaluating program effectiveness;

(D) assuring compliance with all applicable Federal laws;

(E) providing technical assistance; and

(F) supporting and developing State data systems relevant to the

provisions of this Act.

(b) MATCHING REQUIREMENT.--

Each eligible agency receiving funds made available under subsection

(a)(3) shall match, from non-Federal sources and on a dollar-for-dollar

basis, the funds received under subsection (a)(3).

(c) RESERVE.--

From amounts made available under subsection (a)(1) to carry out this

subsection, an eligible agency may award grants to eligible recipients for

career and technical education activities described in

section 135—

(1) in—

(A) rural areas;

(B) areas with high percentages of CTE concentrators or

CTE participants;

(C) areas with high numbers of CTE concentrators or CTE

participants; and

(D) areas with disparities or gaps in performance as

described in section 113(b)(3)(C)(ii)(II); and

(2) in order to—

(A) foster innovation through the identification and

promotion of promising and proven career and technical

education programs, practices, and strategies, which may include

programs, practices, and strategies that prepare individuals for

nontraditional fields; or

(B) promote the development, implementation, and

adoption of programs of study or career pathways aligned with

State-identified high-skill, high-wage, or in-demand occupations or

industries.

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SEC. 113. [20 U.S.C. 2323] ACCOUNTABILITY.

(a) PURPOSE.--

The purpose of this section is to establish and support State and local performance accountability

systems, comprised of the activities described in this section, to assess the effectiveness of the

State and the eligible recipients of the State in achieving statewide progress in career and

technical education, and to optimize the return of investment of Federal funds in career and

technical education activities.

(b) STATE DETERMINED PERFORMANCE MEASURES.--

(1) IN GENERAL.--

Each eligible agency, with input from eligible recipients, shall establish State determined

performance measures for a State that consist of--

(A) the core indicators of performance described in subparagraphs (A) and

(B) of paragraph (2); and

(B) a State determined level of performance described in paragraph

(3)(A) for each core indicator of performance .

(2) INDICATORS OF PERFORMANCE.—

(A) CORE INDICATORS OF PERFORMANCE FOR CTE CONCENTRATORS AT

THE SECONDARY LEVEL.—Each eligible agency shall identify in the State plan core

indicators of performance for CTE concentrators at the secondary level that are valid and

reliable, and that include, at a minimum, measures of each of the following:

(i) The percentage of CTE concentrators who graduate high school, as

measured by—

(I) the four-year adjusted cohort graduation rate (defined in section 8101

of the Elementary and Secondary Education Act of 1965); and

(II) at the State’s discretion, the extended-year adjusted cohort graduation

rate defined in such section 8101.

(ii) CTE concentrator proficiency in the challenging State academic standards

adopted by the State under section1111(b)(1) of the Elementary and Secondary Education

Act of 1965, as measured by the academic assessments described in section 1111(b)(2) of

such Act.

(iii) The percentage of CTE concentrators who, in the second quarter after exiting

from secondary education, are in postsecondary education or advanced training, military

service or a service program that receives assistance under title I of the National and

Community Service Act of 1990 (42 U.S.C. 12511 et seq.), are volunteers as described in

section 5(a) of the Peace Corps Act (22 U.S.C. 2504(a)), or are employed.

(iv) Indicators of career and technical education program quality as follows:

(I) That shall include at least 1 of the following:

(aa) The percentage of CTE concentrators graduating from high

school having attained a recognized postsecondary credential.

(bb) The percentage of CTE concentrators graduating from high

school having attained postsecondary credits in the relevant career and

technical education program or program of study earned through a dual or

concurrent enrollment program or another credit transfer agreement.

20

(cc) The percentage of CTE concentrators graduating from high

school having participated in work-based learning.

(II) That may include any other measure of student success in career and

technical education that is statewide, valid, and reliable, and comparable across

the State.

(v) The percentage of CTE concentrators in career and technical education

programs and programs of study that lead to non-traditional fields.

(B) CORE INDICATORS OF PERFORMANCE FOR CTE CONCENTRATORS AT

THE POSTSECONDARY LEVEL.—Each eligible agency shall identify in the State plan core

indicators of performance for CTE concentrators at the postsecondary level that are valid and

reliable, and that include, at a minimum, measures of each of the following:

(i) The percentage of CTE concentrators who, during the second quarter after

program completion, remain enrolled in postsecondary education, are in advanced

training, military service, or a service program that receives assistance under title I

of the National and Community Service Act of 1990 (42 U.S.C. 12511 et seq.), are

volunteers as described in section 5(a) of the Peace Corps Act (22 U.S.C. 2504(a)), or are

placed or retained in employment.

(ii) The percentage of CTE concentrators who receive a recognized postsecondary

credential during participation in or within 1 year of program completion.

(iii) The percentage of CTE concentrators in career and technical education

programs and programs of study that lead to non-traditional fields.

(C) ALIGNMENT OF PERFORMANCE INDICATORS.—In developing core

indicators of performance under subparagraphs (A) and (B), an eligible agency shall, to

the greatest extent possible, align the indicators so that substantially similar information

gathered for other State and Federal programs, or for any other purpose, may be used to

meet the requirements of this section.

(3) STATE DETERMINED LEVELS OF PERFORMANCE.--

(

(A) STATE DETERMINED LEVELS OF PERFORMANCE FOR CORE

INDICATORS OF PERFORMANCE.--

(i) IN GENERAL.--

(I) LEVELS DETERMINED BY THE ELIGIBLE AGENCY.—Each

eligible agency, with input from eligible recipients, shall establish in the State

plan submitted under section 122, for each year covered by the State plan, State

determined levels of performance for each of the core indicators described under

subparagraphs (A) and (B) of paragraph (2) for career and technical education

activities authorized under this title. The level of performance for a core indicator

shall be the same for all CTE concentrators in the State.

(II) TECHNICAL ASSISTANCE.--The Secretary may assist an eligible

agency in establishing the State determined levels of performance under this

subparagraph only at the request of that eligible agency.

(III) REQUIREMENTS.--Such State determined levels of performance

shall, at a minimum—

(aa) be expressed in a percentage or numerical form, so as to be

objective, quantifiable, and measurable;

21

(bb) require the State to continually make meaningful progress

toward improving the performance of all career and technical education

students, including the subgroups of students described in section

1111(h)(1)(C)(ii) of the Elementary and Secondary Education Act of

1965, and special populations, as described in section 3(48); and

(cc) have been subject to the public comment process described in

subparagraph (B), and the eligible agency has provided a written response;

(dd) when being adjusted pursuant to clause (ii), take into account

how the levels of performance involved compare with the State levels of

performance established for other States, considering factors including the

characteristics of actual (as opposed to anticipated) CTE concentrators

when the CTE concentrators entered the program, and the services or

instruction to be provided;

(ee) when being adjusted pursuant to clause (ii), be higher than the

average actual performance of the 2 most recently completed program

years, except in the case of unanticipated circumstances that require

revisions in accordance with clause (iii); and

(ff) take into account the extent to which the State determined

levels of performance advance the eligible agency's goals, as set forth in

the State plan.

(ii) ALLOWABLE ADJUSTMENT OF STATE DETERMINED LEVELS OF

PERFORMANCE FOR SUBSEQUENT YEARS.--Prior to the third program year

covered by the State plan, each eligible agency may revise the State determined levels of

performance for any of the core indicators of performance for the subsequent program

years covered by the State plan, and submit the revised State determined levels of

performance to the Secretary. If the eligible agency adjusts any levels of performance, the

eligible agency shall adjust those levels in accordance with clause (i), and address written

comments of stakeholders as described in subparagraph (B). The Secretary shall approve

those revised levels of performance if those levels meet the requirements described in

subclause (III) of clause (i). The State determined adjusted levels of performance

identified under this clause shall be considered to be the State determined levels of

performance for the State for such years and shall be incorporated into the State plan.

(iii) UNANTICIPATED CIRCUMSTANCES.--If unanticipated circumstances

arise in a State or changes occur related to improvements in data or measurement

approaches, the eligible agency, at the end of the program year, may revise the State

determined levels of performance required under this subparagraph. After public

comment, as described in subparagraph (B), the eligible agency shall submit such revised

levels of performance to the Secretary with evidence supporting the revision. The

Secretary shall approve any such revision if that revision meets the requirements of

clause (ii).

(B) PUBLIC COMMENT.--

(i) IN GENERAL.--Each eligible agency shall develop the levels of

performance under subparagraph (A) in consultation with the stakeholders

identified in section 122(c)(1)(A).

(ii) WRITTEN COMMENTS.--Not less than 60 days prior to submission

of the State plan, the eligible agency shall provide such stakeholders with the

22

opportunity to provide written comments to the eligible agency, which shall be

included in the State plan, regarding how the levels of performance described

under subparagraph (A)--

(I) meet the requirements of the law;

(II) support the improvement of performance of all CTE concentrators,

including subgroups of students, as described in section 1111(h)(1)(C)(ii) of the

Elementary and Secondary Education Act of 1965, and special populations, as

described in section 3(48); and

(III) support the needs of the local education and business community.

(iii) ELIGIBLE AGENCY RESPONSE.--Each eligible agency shall provide, in

the State plan, a written response to the comments provided by stakeholders under clause

(ii).

(C) STATE REPORT.--

(i) IN GENERAL.--Each eligible agency that receives an allotment under section

111 shall annually prepare and submit to the Secretary a report regarding--

(I) the progress of the State in achieving the State determined levels of

performance on the core indicators of performance; and

(II) the actual levels of performance for all CTE concentrators, and for

each of the subgroups of students, as described in section 1111(h)(1)(C)(ii) of the

Elementary and Secondary Education Act of 1965, and special populations, as

described in section 3(48).

(ii) DATA.--Except as provided in subparagraph (E), each eligible agency that

receives an allotment under section 111 shall--

(I) disaggregate data for each of the indicators of performance under

paragraph (2)--

(aa) for subgroups of students, as described in section

1111(h)(1)(C)(ii) of the Elementary and Secondary Education Act of

1965, and special populations, as described in section 3(48), that are

served under this Act; and

(bb) by the career and technical education programs or programs of

study of the CTE concentrators, except that in a case in which reporting by

such program or program of study is impractical, the data may be

disaggregated by the career clusters of the CTE concentrators, if

appropriate;

(II) identify and quantify any disparities or gaps in performance on the

State determined levels of performance under subparagraph (A) between any such

subgroup or special population and the performance of all CTE concentrators

served by the eligible agency under this Act, which shall include a quantifiable

description of the progress each such subgroup or special population of students

served by the eligible agency under this Act has made in meeting the State

determined levels of performance; and

(III) for CTE concentrators described in paragraph (2)(A)(iii) and

paragraph (2)(B)(i), disaggregate data, to the extent such data is available, by each

of the following:

23

(aa) Individuals enrolled in postsecondary education

(disaggregated by postsecondary award level, including certificate,

associate, or baccalaureate degree).

(bb) Individuals in advanced training.

(cc) Individuals in military service or a service program that

receives assistance under title I of the National and Community Service

Act of 1990 (42 U.S.C. 12511 et seq.) or volunteers as described in section

5(a) of the Peace Corps Act (22 U.S.C. 2504(a)).

(dd) Individuals in employment (including those individuals who

are employed in a high-skill, high-wage, or in-demand sector or

occupation).

(iii) NONDUPLICATION.--The Secretary shall ensure that each eligible agency

does not report duplicative information under this section.

(iv) INFORMATION DISSEMINATION.--The Secretary shall--

(I) make the information contained in such reports available to the general

public through a variety of formats, including electronically through the Internet;

(II) disseminate State-by-State comparisons of the information contained

in such reports; and

(III) provide the appropriate committees of Congress with copies of such

reports.

(D) STATE DISSEMINATION OF ACTUAL LEVELS OF PERFORMANCE.--At the

end of each program year, the eligible agency shall disseminate the actual levels of performance

described in subparagraph (C)(i)(II)--

(i) widely, including to students, parents, and educators;

(ii) through a variety of formats, including electronically through the Internet; and

(iii) in user-friendly formats and languages that are easily accessible, as

determined by the eligible agency.

(E) RULES FOR REPORTING DATA.--The disaggregation of data under this paragraph

shall not be required when the number of students in a category is insufficient to yield

statistically reliable information or when the results would reveal personally identifiable

information about an individual student.

(4) LOCAL LEVELS OF PERFORMANCE.--

(A) LOCAL LEVELS OF PERFORMANCE FOR CORE INDICATORS OF

PERFORMANCE.--

(i) IN GENERAL.--

Each eligible recipient shall agree to accept the State determined levels of performance

for each year of the plan established under paragraph (3) as local levels of performances,

or negotiate with the State to reach agreement on new local levels of performance, for

each of the core indicators of performance described in subparagraphs (A) and (B) of

paragraph (2) for career and technical education activities authorized under this title. The

levels of performance established under this subparagraph shall, at a minimum--

(I) be expressed in a percentage or numerical form, consistent with the form

expressed in the State determined levels, so as to be objective, quantifiable, and

measurable; (II) require the eligible recipient to continually make meaningful progress

toward improving the performance of all CTE concentrators, including subgroups of

24

students described in section 1111(h)(1)(C)(ii) of the Elementary and Secondary

Education Act of 1965 and special populations, as described in section 3(48);

(III) when being adjusted as described in clause (iii), be higher than the average

actual performance levels of the previous 2 program years, except in a case in which

unanticipated circumstances arise with respect to the eligible recipient and that eligible

recipient meets the requirements for revisions under clause (iv);

(IV) when being adjusted as described in clause (iii), take into account how the

local levels of performance compare with the local levels of performance established for

other eligible recipients, considering factors including the characteristics of actual (as

opposed to anticipated) CTE concentrators at the time those CTE concentrators entered

the program, and the services or instruction to be provided; and

(V) set the local levels of performance using valid and reliable data that measures-

-

(aa) the differences within the State in actual economic conditions

(including differences in unemployment rates and job losses or gains in particular

industries); and

(bb) the abilities of the State and the eligible recipient to collect and access

valid, reliable, and cost-effective data.

(ii) IDENTIFICATION IN THE LOCAL APPLICATION.--

Each eligible recipient shall identify, in the local application submitted under section 134, levels

of performance for each of the core indicators of performance for each of the program years

covered by the local plan.

(iii) ALLOWABLE ADJUSTMENTS OF LOCAL LEVELS OF PERFORMANCE FOR

SUBSEQUENT YEARS.--Prior to the third program year covered by the local application, the

eligible recipient may, if the eligible recipient reaches an agreement with the eligible agency,

adjust the local levels of performance for any of the core indicators of performance for the

subsequent program years covered by the local application, in accordance with that agreement

and with this subparagraph. The local adjusted levels of performance agreed to under this clause

shall be considered to be the local levels of performance for the eligible recipient for such years

and shall be incorporated into the local application.

NOTE: As a result of the amendments, there is no longer a clause (iv).

(v) REVISIONS.-- If unanticipated circumstances arise, or changes occur related to

improvements in data or measurement approaches, the eligible recipient may request that the

local levels of performance agreed to under clauses (i) and (iii) be revised. The eligible agency

shall issue objective criteria and methods for making such revisions.

(B) LOCAL REPORT.--

(i) CONTENT OF REPORT.--

Each eligible recipient that receives an allocation described in section 112

shall annually prepare and submit to the eligible agency a report, which

shall include the data on the actual performance levels described in clause

(ii), including the progress of such recipient in achieving the local levels

of performance on the core indicators of performance.

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(ii) DATA.--

Except as provided in clauses (iii) and (iv), each eligible recipient that

receives an allocation described in section 112 shall--

(I) disaggregate data for each of the indicators of

performance under paragraph (2) for the subgroups of students

described in section 1111(h)(1)(C)(ii) of the Elementary and

Secondary Education Act of 1965 and section) 3(48) that are

served under this Act; (II) identify and quantify any disparities or

gaps in performance, as described in paragraph 3(C)(ii)(II),

between any such category of students as described in subclause (I)

including special populations) and the performance of all CTE

concentrators served by the eligible recipient under this Act.

(III) disaggregate data by the career and technical education

programs or programs of study of the CTE concentrators, except

that in a case in which reporting by such program or program of

study is impractical, the data may be disaggregated by the career

clusters of the CTE concentrators, if appropriate; and

(IV) for CTE concentrators described in paragraph

(2)(A)(iii) and paragraph (2)(B)(i), disaggregate data, to the extent

such data is available, by each of the following:

(aa) Individuals enrolled in postsecondary education

(disaggregated by postsecondary award level, including

certificate, associate, or baccalaureate degree).

(bb) Individuals in advanced training.

(cc) Individuals in military service or a service

program that receives assistance under title I of the

National and Community Service Act of 1990 (42 U.S.C.

12511 et seq.) or volunteers as described in section 5(a) of

the Peace Corps Act (22 U.S.C. 2504(a)).

(dd) Individuals in employment (including those

individuals who are employed in a high-skill, high-wage, or

in-demand sector or occupation).

(iii) NONDUPLICATION.--

The eligible agency shall ensure, in a manner that is consistent with the

actions of the Secretary underparagraph (3)(C)(iii), that each eligible

recipient does not report duplicative information under this section.

(iv) RULES FOR REPORTING OF DATA.--

The disaggregation of data under this paragraph shall not be required

when the number of students in a category is insufficient to yield

statistically reliable information or when the results would reveal

personally identifiable information about an individual student.

(v) AVAILABILITY.--The report described in clause (i) shall be

made available by the eligible recipient through a variety of formats,

including electronically through the Internet, to students, parents,

educators, and the public, and the information contained in such report

shall be in a format that is understandable and uniform, and to the extent

26

practicable, provided in a language that students, parents, and educators

can understand.

SEC. 114. [20 U.S.C. 2324] NATIONAL ACTIVITIES.

(a) PROGRAM PERFORMANCE INFORMATION.--

(1) IN GENERAL.--

The Secretary shall, in consultation with the Director, collect performance information

about, and report on, the condition of career and technical education and on the

effectiveness of State and local programs, services, and activities carried out under this

title in order to provide the Secretary and Congress, as well as Federal, State, local, and

tribal agencies, with information relevant to improvement in the quality and effectiveness

of career and technical education. The Secretary shall report annually to Congress on the

Secretary's aggregate analysis of performance information collected each year pursuant to

this title from eligible agencies under section 113(b)(3)(C), including an analysis of

performance data regarding special populations.

(2) COMPATIBILITY.--

The Secretary shall, to the extent feasible, ensure that the performance information

system is compatible with other Federal information systems.

(3) ASSESSMENTS.--

As a regular part of its assessments, the National Center for Education Statistics shall

collect and report information on career and technical education for a nationally

representative sample of students. Such assessment may include international

comparisons in the aggregate.

(b) REASONABLE COST.--The Secretary shall take such action as may be

necessary to secure at reasonable cost the information required by this title. To ensure

reasonable cost, the Secretary, in consultation with the National Center for Education

Statistics and the Office of Career, Technical, and Adult Education shall determine the

methodology to be used and the frequency with which such information is to be

collected.

(c) SINGLE PLAN FOR RESEARCH, DEVELOPMENT, DISSEMINATION,

EVALUATION, AND ASSESSMENT.--

(1) IN GENERAL.--

The Secretary shall, directly or through grants, contracts, or cooperative agreements,

carry out research, development, dissemination, evaluation and assessment, capacity

building, and technical assistance with regard to the career and technical education

programs under this Act. The Secretary shall develop a single plan for such activities.

(2) PLAN.--

Such plan shall--

(A) identify the career and technical education activities described in

paragraph (1) that the Secretary will carry out under this section;

(B) describe how the Secretary, acting through the Director, will evaluate

such career and technical education activities in accordance with subsection

(d)(2); and

(C) include such other information as the Secretary, in consultation with

the Director, determines to be appropriate.

(d) ADVISORY PANEL; EVALUATION; REPORTS.--

27

(1) INDEPENDENT ADVISORY PANEL.--

(A) IN GENERAL.--

The Secretary, acting through the Director, shall appoint an independent advisory

panel to advise the Secretary on the implementation of the evaluation described

in paragraph (2) and the plan developed under subsection (c), including the issues

to be addressed and the methodology of the studies involved to ensure that the

evaluation adheres to the highest standards of quality.

(B) MEMBERS.--

The advisory panel shall consist of--

(i) educators, administrators, State directors of career and technical

education, and chief executives, including those with expertise in the

integration of academic and career and technical education;

(ii) experts in evaluation, research, and assessment;

(iii) representatives of labor organizations and businesses,

including small businesses, economic development entities, and workforce

investment entities;

(iv) parents;

(v) career guidance and academic counseling professionals; (vi)

other individuals and qualified intermediaries with relevant expertise,

which may include individuals with expertise in addressing inequities in

access to, and in opportunities for, academic and technical skill

attainment;

(vii) representatives of Indian Tribes and Tribal organizations; and

(viii) representatives of special populations.

(C) INDEPENDENT ANALYSIS.--

The advisory panel shall transmit to the Secretary, the Director, the relevant

committees of Congress, and the Library of Congress an independent analysis of

the findings and recommendations resulting from the evaluation described in

paragraph (2).

(D) FACA.--

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the panel

established under this paragraph.

(2) EVALUATION.--

(A) IN GENERAL.--

From amounts made available under subsection (f), the Secretary, acting through

the Director, shall provide for the conduct of a series of research and evaluation

initiatives for each year for which funds are appropriated to carry out this Act,

which are aligned with the plan in subsection (c)(2), of career and technical

education programs under this Act, including the implementation of

theStrengthening Career and Technical Education for the 21st Century Act, to the

extent practicable, through studies and analyses conducted independently through

grants, contracts, and cooperative agreements that are awarded on a competitive

basis. Whenver possible, data used for the evaluation for a fiscal year shall be data

from the most recent fiscal year for which such data are available, and from the 5-

year period preceding that fiscal year.

28

(B) CONTENTS.--The evaluation required under subparagraph (A) shall

include descriptions and evaluations of--

(i) the extent and success of the integration of challenging State academic

standards adopted under section 1111(b)(1) of the Elementary and Secondary

Education Act of 1965 and career and technical education for students

participating in career and technical education programs, including a review of the

effect of such integration on the academic and technical proficiency achievement

of such students, including--

(I) the number of such students that receive a regular high school diploma,

as such term is defined under section 8101 of the Elementary and Secondary

Education Act of 1965 or a State-defined alternative diploma described in section

8101(25)(A)(ii)(I)(bb) of such Act;

(II) the number of such students that are high school students that receive

a recognized postsecondary credential; and

(III) the number of such students that are high school students that earn

credit toward a recognized postsecondary credential;

(ii) the extent to which career and technical education programs and programs of

study prepare students, including special populations, for subsequent employment in

high-skill, high-wage occupations (including those in which mathematics and science

skills are critical, which may include computer science), or for participation in

postsecondary education;

(iii) employer involvement in, benefit from, and satisfaction with, career and

technical education programs and programs of study and career and technical education

students' preparation for employment;

(iv) efforts to expand access to career and technical education programs of study

for all students;

(v) innovative approaches to work-based learning programs that increase

participation and alignment with employment in high-growth industries, including in

rural and low-income areas;

(vi) the effectiveness of different delivery systems and approaches for career and

technical education, including comprehensive high schools, technical high schools, area

technical centers, career academies, community and technical colleges, early college high

schools, pre-apprenticeship programs, voluntary after-school programs, and individual

course offerings, including dual or concurrent enrollment program courses, as well as

communication strategies for promoting career and technical education opportunities

involving teachers, school counselors, and parents or other guardians;

(vii) the extent to which career and technical education programs supported by

this Act are grounded on evidence-based research;

(viii) the impact of the amendments to this Act made under the Strengthening

Career and Technical Education for the 21st Century Act, including comparisons, where

appropriate, of—

(I) the use of the comprehensive needs assessment under section 134(c);

(II) the implementation of programs of study; and

(III) coordination of planning and program delivery with other relevant

laws, including the Workforce Innovation and Opportunity Act (29 U.S.C. 3101

et seq.) and the Elementary and Secondary Education Act of 1965;

29

(ix) changes in career and technical education program accountability as

described in section 113 and any effects of such changes on program delivery and

program quality;

(x) changes in student enrollment patterns; and

(xi) efforts to reduce disparities or performance gaps described in section

113(b)(3)(C)(ii)(II).

(C) REPORTS.--

(I) IN GENERAL.--

The Secretary, in consultation with the Director, shall submit to the

relevant committees of Congress--

(I) not later than 2 years after the date of enactment of the

Strengthening Career and Technical Education for the 21st Century

Act, an interim report regarding the evaluation and summary of

research activities carried out under this section that builds on

studies and analyses existing as of such date of enactment;

(II) not later than 4 years after the date of enactment of the

Strengthening Career and Technical Education for the 21st Century

Act, a final report summarizing the studies and analyses that relate

to the evaluation and summary of research activities carried out

under this section; and

(III) a biennial update to such final report for succeeding

years.

(ii) PROHIBITION.--

Notwithstanding any other provision of law, the reports required by this

subsection shall not be subject to any review outside the Department of

Education before their transmittal to the relevant committees of Congress

and the Secretary, but the President, the Secretary, the Director, and the

independent advisory panel established under paragraph (1) may make

such additional recommendations to Congress with respect to the

assessment as the President, the Secretary, the Director, or the panel

determine to be appropriate.

(iii) DISSEMINATION.--In addition to submitting the reports

required under clause (i), the Secretary shall disseminate the results of the

evaluation widely and on a timely basis in order to increase the

understanding among State and local officials and educators of the

effectiveness of programs and activities supported under the Act and of

the career and technical education programs and programs of study that

are most likely to produce positive educational and employment outcomes.

(3) COLLECTION OF STATE INFORMATION AND REPORT.--

(A) IN GENERAL.--

The Secretary may collect and disseminate information from States

regarding State efforts to meet State determined levels of performance

described in section 113(b), as long as such information does not reveal

any personally identifiable information.

(B) REPORT.--

The Secretary shall gather any information collected pursuant to

30

subparagraph (A) and submit a report to the relevant committees in

Congress.

(4) RESEARCH.—

(A) IN GENERAL.--From amounts made available under subsection (f), the

Secretary, after consultation with the Director, the Commissioner for Education

Research, and the States, and with input from the independent advisory panel established

under subsection (d)(1)(A), shall award a grant, contract, or cooperative agreement, on a

competitive basis, to an institution of higher education or to a consortium of one or more

institutions of higher education and one or more private nonprofit organizations or

agencies, to carry out one or more of the activities described in subparagraph (B).

(B) GRANT ACTIVITIES.--An institution or consortium receiving a grant under

this paragraph shall use grant funds to carry out one or more of the following activities:

(i) Evidence-based research and evaluation for the purpose of developing,

improving, and identifying the most successful methods for—

(I) eliminating inequities in access to, and in opportunities for,

learning, skill development, or effective teaching in career and technical

education programs; and

(II) addressing the education, employment, and training needs of

CTE participants, including special populations, in career and technical

education programs or programs of study.

(ii) Research on, and evaluation of, the impact of changes made by the

Strengthening Career and Technical Education for the 21st Century Act, including

State-by-State comparisons, where appropriate, of—

(I) the use of the needs assessment under section 134(c);

(II) the implementation of programs of study;

(III) how States have implemented provisions of the Act, including

both fiscal and programmatic elements;

(IV) career and technical education funding and finance models;

and

(V) coordination with other relevant laws, including the Workforce

Innovation and Opportunity Act (29 U.S.C. 3101 et seq.), the Elementary

and Secondary Education Act of 1965, and the Higher Education Act of

1965.

(iii) Evidence-based research and analyses that provide longitudinal information

with respect to career and technical education programs and programs of study and

student achievement.

(iv) The implementation of, evaluation of, or evidence-based research of,

innovative methods that support high-quality implementation of career and technical

education programs and programs of study and student achievement related to career and

technical education, including—

(I) creating or expanding dual or concurrent enrollment program activities

and early college high schools;

(II) awarding of academic credit or academic alignment for industry

recognized credentials, competency-based education, or work-based learning;

(III) making available open, searchable, and comparable information on

the quality of industry recognized credentials, including the related skills or

31

competencies, attainment by CTE concentrators, related employment and earnings

outcomes, labor market value, and use by employers; or

(IV) initiatives to facilitate the transition of sub-baccalaureate career and technical

education students into baccalaureate degree programs, including barriers affecting rural

students and special populations.

(C) REPORT.--The institution or consortium receiving a grant under this paragraph shall

annually prepare a report containing information about the key research findings of such entity

under this paragraph and shall submit copies of the report to the Secretary and the Director. The

Secretary shall submit copies of the report to the relevant committees of Congress, the Library of

Congress, and each eligible agency.

(D) DISSEMINATION.--The institution or consortium receiving a grant under this

paragraph shall conduct dissemination and training activities based on the research carried out

under this paragraph on a timely basis, including through dissemination networks and, as

appropriate and relevant, technical assistance providers within the Department.

(e) INNOVATION AND MODERNIZATION.—

(1) GRANT PROGRAM.--To identify, support, and rigorously evaluate evidence-based

and innovative strategies and activities to improve and modernize career and technical education

and align workforce skills with labor market needs as part of the State plan under section 122

and local application under section 134 and the requirements of this subsection, the Secretary

may use not more than 20 percent of the amounts appropriated under subsection (f) to award

grants to eligible entities, eligible institutions, or eligible recipients to carry out the activities

described in paragraph (7).

(2) NON-FEDERAL MATCH.—

(A) MATCHING FUNDS REQUIRED.--Except as provided under subparagraph

(B), to receive a grant under this subsection, an eligible entity, eligible institution, or

eligible recipient shall, through cash or in-kind contributions, provide matching funds

from non-Federal sources in an amount equal to not less than 50 percent of the funds

provided under such grant.

(B) EXCEPTION.--The Secretary may waive the matching fund requirement

under subparagraph (A) if the eligible entity, eligible institution, or eligible recipient

demonstrates exceptional circumstances.

(3) APPLICATION.--To receive a grant under this subsection, an eligible entity, eligible

institution, or eligible recipient shall submit an application to the Secretary at such time, in such

manner, and containing such information as the Secretary may require, including, at a

minimum—

(A) an identification and designation of the agency, institution, or school

responsible for the administration and supervision of the program assisted under this

paragraph;

(B) a description of the budget for the project, the source and amount of the

matching funds required under paragraph (2)(A), and how the applicant will continue the

project after the grant period ends, if applicable;

(C) a description of how the applicant will use the grant funds, including how

such funds will directly benefit students, including special populations, served by the

applicant;

32

(D) a description of how the program assisted under this subsection will be

coordinated with the activities carried out under section 124 or 135;

(E) a description of how the career and technical education programs or programs

of study to be implemented with grant funds reflect the needs of regional, State, or local

employers, as demonstrated by the comprehensive needs assessment under section

134(c);

(F) a description of how the program assisted under this subsection will be

evaluated and how that evaluation may inform the report described in subsection

(d)(2)(C); and

(G) an assurance that the applicant will—

(i) provide information to the Secretary, as requested, for evaluations that

the Secretary may carry out; and

(ii) make data available to third parties for validation, in accordance with

applicable data privacy laws, including section 444 of the General Education

Provisions Act (20 U.S.C. 1232g, commonly known as the Family Educational

Rights and Privacy Act of 1974).

(4) PRIORITY.--In awarding grants under this subsection, the Secretary shall give

priority to applications from eligible entities, eligible institutions, or eligible recipients that will

predominantly serve students from low-income families.

(5) GEOGRAPHIC DIVERSITY.—

(A) In general.--In awarding grants under this subsection, the Secretary shall

award no less than 25 percent of the total available funds for any fiscal year to eligible

entities, eligible institutions, or eligible recipients proposing to fund career and technical

education activities that serve—

(i) a local educational agency with an urban-centric district locale code of 32, 33,

41, 42, or 43, as determined by the Secretary;

(ii) an institution of higher education primarily serving the one or more areas

served by such a local educational agency;

(iii) a consortium of such local educational agencies or such institutions of higher

education;

(iv) a partnership between—

(I) an educational service agency or a nonprofit organization; and

(II) such a local educational agency or such an institution of higher

education; or

(v) a partnership between—

(I) a grant recipient described in clause (i) or (ii); and

(II) a State educational agency.

(B) EXCEPTION.—Notwithstanding subparagraph (A), the Secretary shall

reduce the amount of funds made available under such clause if the Secretary does not

receive a sufficient number of applications of sufficient quality.

(6) Duration.—

(A) IN GENERAL.--Grants awarded under this subsection shall be for a period of

not more than 3 years.

(B) EXTENSION.--The Secretary may extend such grants for not more than 1

additional 2-year period if the grantee demonstrates to the Secretary that the grantee is

33

achieving the grantee's program objectives and, as applicable, has improved education

outcomes for career and technical education students, including special populations.

(7) USES OF FUNDS.--An eligible entity, eligible institution, or eligible recipient that is

awarded a grant under this subsection shall use the grant funds to create, develop, implement,

replicate, or take to scale evidence-based, field-initiated innovations to modernize and improve

effectiveness and alignment of career and technical education and to improve student outcomes

in career and technical education, and rigorously evaluate such innovations, through one or more

of the following activities:

(A) Designing and implementing courses or programs of study aligned to labor

market needs in new or emerging fields and working with industry to upgrade equipment,

technology, and related curriculum used in career and technical education programs,

which is needed for the development, expansion, and implementation of State-approved

career and technical education programs of study, including—

(i) the development or acquisition of instructional materials associated

with the equipment and technology purchased by an eligible entity, eligible

institution, or eligible recipient through the grant; or

(ii) efforts to expand, develop, or implement programs designed to

increase opportunities for students to take rigorous courses in coding or computer

science subject areas, and support for statewide efforts to increase access and

implementation of coding or computer science courses in order to meet local labor

market needs in occupations that require skills in those subject areas.

(B) Improving career and technical education outcomes of students served by

eligible entities, eligible institutions, or eligible recipients through activities such as—

(i) supporting the development and enhancement of innovative delivery

models for career and technical education related work-based learning, including

school-based simulated work sites, mentoring, work site visits, job shadowing,

project-based learning, and skills-based and paid internships;

(ii) increasing the effective use of technology within career and technical

education programs and programs of study;

(iii) supporting new models for integrating academic content at the

secondary and postsecondary level in career and technical education; or

(iv) integrating science, technology, engineering, and mathematics fields,

including computer science education, with career and technical education.

(C) Improving the transition of students—

(i) from secondary education to postsecondary education or employment

through programs, activities, or services that may include the creation,

development, or expansion of dual or concurrent enrollment programs,

articulation agreements, credit transfer agreements, and competency-based

education; or

(ii) from the completion of one postsecondary program to another

postsecondary program that awards a recognized postsecondary credential.

(D) Supporting the development and enhancement of innovative delivery models for

career and technical education.

(E) Working with industry to design and implement courses or programs of study aligned

to labor market needs in new or emerging fields.

34

(F) Supporting innovative approaches to career and technical education by redesigning

the high school experience for students, which may include evidence-based transitional

support strategies for students who have not met postsecondary education eligibility

requirements.

(G) Creating or expanding recruitment, retention, or professional development activities

for career and technical education teachers, faculty, school leaders, administrators,

specialized instructional support personnel, career guidance and academic counselors,

and paraprofessionals, which may include—

(i) providing resources and training to improve instruction for, and provide

appropriate accommodations to, special populations;

(ii) externships or site visits with business and industry;

(iii) the integration of coherent and rigorous academic content standards and

career and technical education curricula, including through opportunities for appropriate

academic and career and technical education teachers to jointly develop and implement

curricula and pedagogical strategies;

(iv) mentoring by experienced teachers;

(v) providing resources or assistance with meeting State teacher licensure and

credential requirements; or

(vi) training for career guidance and academic counselors at the secondary level to

improve awareness of postsecondary education and postsecondary career options, and

improve the ability of such counselors to communicate to students the career

opportunities and employment trends.

(H) Improving CTE concentrator employment outcomes in non-traditional fields.

(I) Supporting the use of career and technical education programs and programs of study

in a coordinated strategy to address identified employer needs and workforce shortages, such as

shortages in the early childhood, elementary school, and secondary school education workforce.

(J) Providing integrated student support that addresses the comprehensive needs of

students, such as incorporating accelerated and differentiated learning opportunities supported by

evidence-based strategies for special populations.

(K) Establishing an online portal for career and technical education students, including

special populations, preparing for postsecondary career and technical education, which may

include opportunities for mentoring, gaining financial literacy skills, and identifying career

opportunities and interests, and a platform to establish online savings accounts to be used

exclusively for postsecondary career and technical education programs and programs of study.

(L) Developing and implementing a pay for success initiative.

(8) Evaluation.--Each eligible entity, eligible institution, or eligible recipient receiving a grant

under this subsection shall provide for an independent evaluation of the activities carried out

using such grant and submit to the Secretary an annual report that includes—

(A) a description of how funds received under this paragraph were used;

(B) the performance of the eligible entity, eligible institution, or eligible recipient with

respect to, at a minimum, the performance indicators described under section 113, as applicable,

and disaggregated by—

(i) subgroups of students described in section 1111(c)(2)(B) of the Elementary

and Secondary Education Act of 1965;

(ii) special populations; and

35

(iii) as appropriate, each career and technical education program and program of

study; and

(C) a quantitative analysis of the effectiveness of the project carried out under this

paragraph.

(f) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be

appropriated to carry out this section—

(1) $7,651,051 for fiscal year 2019;

(2) $7,758,166 for fiscal year 2020;

(3) $7,866,780 for fiscal year 2021;

(4) $7,976,915 for fiscal year 2022;

(5) $8,088,592 for fiscal year 2023; and

(6) $8,201,832 for fiscal year 2024.

SEC. 115. [20 U.S.C. 2325] ASSISTANCE FOR THE OUTLYING AREAS.

(a) OUTLYING AREAS.--

From funds reserved pursuant to section 111(a)(1)(A), the Secretary shall--

(1) make a grant in the amount of $660,000 to Guam;

(2) make a grant in the amount of $350,000 to each of American Samoa and the

Commonwealth of the Northern Mariana Islands; and

(3) make a grant of $160,000 to the Republic of Palau, subject to subsection (b).

(b) RESTRICTION.--

The Republic of Palau shall cease to be eligible to receive funding under this section upon

entering into an agreement for an extension of United States educational assistance under the

Compact of Free Association, unless otherwise provided in such agreement.

SEC. 116. [20 U.S.C. 2326] NATIVE AMERICAN PROGRAMS.

(a) DEFINITIONS.--

In this section:

(1) ALASKA NATIVE.--

The term ``Alaska Native'' means a Native as such term is defined in section 3 of the

Alaska Native Claims Settlement Act (43 U.S.C. 1602).

(2) BUREAU-FUNDED SCHOOL.--

The term ``Bureau-funded school'' has the meaning given the term in section 1141 of the

Education Amendments of 1978 (25 U.S.C. 2021).

(3) NATIVE HAWAIIAN.--

The term ``Native Hawaiian'' means any individual any of whose ancestors were natives,

prior to 1778, of the area which now comprises the State of Hawaii.

(4) NATIVE HAWAIIAN ORGANIZATION.--

The term ``Native Hawaiian organization'' has the meaning given the term in section

6207 of the Native Hawaiian Education Act (20 U.S.C. 7517).

(b) PROGRAM AUTHORIZED.--

(1) AUTHORITY.--

From funds reserved under section 111(a)(1)(B)(i), the Secretary shall make grants to or

enter into contracts with Indian Tribes, Tribal organizations, and Alaska Native entities to

36

carry out the authorized programs described in subsection (c), except that such grants or

contracts shall not be awarded to secondary school programs in Bureau-funded schools.

(2) INDIAN TRIBES AND TRIBAL ORGANIZATIONS.--

The grants or contracts described in this section that are awarded to any Indian Tribe or

Tribal organization shall be subject to the terms and conditions of section 102 of the

Indian Self-Determination Act (25 U.S.C. 5321) and shall be conducted in accordance

with the provisions of sections 4, 5, and 6 of the Act of April 16, 1934 (25 U.S.C. 5345-

5347), which are relevant to the programs administered under this subsection.

(3) SPECIAL AUTHORITY RELATING TO SECONDARY SCHOOLS

OPERATED OR SUPPORTED BY THE BUREAU OF INDIAN EDUCATION.--

An Indian Tribe, a Tribal organization, or an Alaska Native entity, that receives funds

through a grant made or contract entered into under paragraph (1) may use the funds to

provide assistance to a secondary school operated or supported by the Bureau of Indian

Education to enable such school to carry out career and technical education programs.

(4) MATCHING.--

If sufficient funding is available, the Bureau of Indian Education shall expend an amount

equal to the amount made available under this subsection, relating to programs for

Indians, to pay a part of the costs of programs funded under this subsection. During each

fiscal year the Bureau of Indian Education shall expend not less than the amount

expended during the prior fiscal year on career and technical education programs,

services, and technical activities administered directly by, or under contract with, the

Bureau of Indian Education, except that in no year shall funding for such programs,

services, and activities be provided from accounts and programs that support other Indian

education programs. The Secretary and the Director of the Bureau of Indian Education

shall prepare jointly a plan for the expenditure of funds made available and for the

evaluation of programs assisted under this subsection. Upon the completion of a joint

plan for the expenditure of the funds and the evaluation of the programs, the Secretary

shall assume responsibility for the administration of the program, with the assistance and

consultation of the Bureau of Indian Education.

(5) REGULATIONS.--

If the Secretary promulgates any regulations applicable to paragraph (2), the Secretary

shall--

(A) confer with, and allow for active participation by, representatives of

Indian Tribes, Tribal organizations, and individual Tribal members; and

(B) promulgate the regulations under subchapter III of chapter 5 of title 5,

United States Code, commonly known as the ``Negotiated Rulemaking Act of

1990''.

(6) APPLICATION.--

Any Indian Tribe, Tribal organization, or Bureau-funded school eligible to receive

assistance under this subsection may apply individually or as part of a consortium with

another such Indian Tribe, Tribal organization, or Bureau-funded school.

(c) AUTHORIZED ACTIVITIES.--

(1) AUTHORIZED PROGRAMS.--

Funds made available under this section shall be used to carry out career and technical

education programs consistent with the purpose of this Act.

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(2) SPECIAL RULE.--Notwithstanding section 3(5)(A)(iii), funds made available

under this section may be used to provide preparatory, refresher, and remedial education

services that are designed to enable students to achieve success in career and technical

education programs or programs of study.

(3) STIPENDS.--

(A) IN GENERAL.--

Funds received pursuant to grants or contracts awarded under subsection (b) may

be used to provide stipends to students who are enrolled in career and technical

education programs and who have acute economic needs which cannot be met

through work-study programs.

(B) AMOUNT.--

Stipends described in subparagraph (A) shall not exceed reasonable amounts as

prescribed by the Secretary.

(d) GRANT OR CONTRACT APPLICATION.--

In order to receive a grant or contract under this section, an organization, Tribe, or entity

described in subsection (b) shall submit an application to the Secretary that shall include an

assurance that such organization, Tribe, or entity shall comply with the requirements of this

section.

(e) RESTRICTIONS AND SPECIAL CONSIDERATIONS.--

The Secretary may not place upon grants awarded or contracts entered into under subsection (b)

any restrictions relating to programs other than restrictions that apply to grants made to or

contracts entered into with States pursuant to allotments under section 111(a). The Secretary, in

awarding grants and entering into contracts under this section, shall ensure that the grants and

contracts will improve career and technical education programs, and shall give special

consideration to--

(1) programs that involve, coordinate with, or encourage Tribal economic

development plans; and

(2) applications from tribally controlled colleges or universities that--

(A) are accredited or are candidates for accreditation by a nationally

recognized accreditation organization as an institution of postsecondary career

and technical education; or

(B) operate career and technical education programs that are accredited or

are candidates for accreditation by a nationally recognized accreditation

organization, and issue certificates for completion of career and technical

education programs.

(f) CONSOLIDATION OF FUNDS.--

Each organization, Tribe, or entity receiving assistance under this section may consolidate such

assistance with assistance received from related programs in accordance with the provisions of

the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C.

3401 et seq.).

(g) NONDUPLICATIVE AND NONEXCLUSIVE SERVICES.--

Nothing in this section shall be construed--

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(1) to limit the eligibility of any organization, Tribe, or entity described in

subsection (b) to participate in any activity offered by an eligible agency or eligible

recipient under this title; or

(2) to preclude or discourage any agreement, between any organization, Tribe, or

entity described in subsection (b) and any eligible agency or eligible recipient, to

facilitate the provision of services by such eligible agency or eligible recipient to the

population served by such eligible agency or eligible recipient.

(h) NATIVE HAWAIIAN PROGRAMS.--

From the funds reserved pursuant to section 111(a)(1)(B)(ii), the Secretary shall award grants to

or enter into contracts with community-based organizations primarily serving and representing

Native Hawaiians to plan, conduct, and administer programs, or portions thereof, which are

authorized by and consistent with the provisions of this section for the benefit of Native

Hawaiians.

SEC. 117. [20 U.S.C. 2327] TRIBALLY CONTROLLED POSTSECONDARY CAREER AND

TECHNICAL INSTITUTIONS.

(a) GRANT PROGRAM.--

Subject to the availability of appropriations, the Secretary shall make grants under this section, to

provide basic support for the education and training of Indian students, to tribally controlled

postsecondary career and technical institutions that are not receiving Federal assistance as of the

date on which the grant is provided under--

(1) title I of the Tribally Controlled Colleges and Universities Assistance Act of

1978 (25 U.S.C. 1802 et seq.); or

(2) the Navajo Community College Act (Public Law 92-189; 85 Stat. 646.).

(b) USES OF GRANTS.--

Amounts made available under this section shall be used for career and technical education

programs for Indian students and for the institutional support costs of the grant, including the

expenses described in subsection (e).

(c) AMOUNT OF GRANTS.--

(1) IN GENERAL.--

If the sums appropriated for any fiscal year for grants under this section are not sufficient

to pay in full the total amount which approved applicants are eligible to receive under this

section for such fiscal year, the Secretary shall first allocate to each such applicant who

received funds under this part for the preceding fiscal year an amount equal to 100

percent of the product of the per capita payment for the preceding fiscal year and such

applicant's Indian student count for the current program year, plus an amount equal to the

actual cost of any increase to the per capita figure resulting from inflationary increases to

necessary costs beyond the institution's control.

(2) PER CAPITA DETERMINATION.--

For the purposes of paragraph (1), the per capita payment for any fiscal year shall be

determined by dividing the amount available for grants to tribally controlled

postsecondary career and technical institutions under this section for such program year

by the sum of the Indian student counts of such institutions for such program year. The

Secretary shall, on the basis of the most accurate data available from the institutions,

compute the Indian student count for any fiscal year for which such count was not used

for the purpose of making allocations under this section.

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(3) INDIRECT COSTS.--

Notwithstanding any other provision of law or regulation, the Secretary shall not require

the use of a restricted indirect cost rate for grants issued under this section.

(d) APPLICATIONS.--

To be eligible to receive a grant under this section, a tribally controlled postsecondary career and

technical institution that is not receiving Federal assistance under title I of the Tribally

Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C. 1802 et seq.) or the

Navajo Community College Act (Public Law 92-189; 85 Stat. 646.) shall submit to the Secretary

an application at such time, in such manner, and containing such information as the Secretary

may require.

(e) EXPENSES.--

(1) IN GENERAL.--

The Secretary shall, subject to the availability of appropriations, provide for each

program year to each tribally controlled postsecondary career and technical institution

having an application approved by the Secretary, an amount necessary to pay expenses

associated with--

(A) the maintenance and operation of the program, including development

costs, costs of basic and special instruction (including special programs for

individuals with disabilities and academic instruction), materials, student costs,

administrative expenses, boarding costs, transportation, student services, daycare

and family support programs for students and their families (including

contributions to the costs of education for dependents), and student stipends;

(B) capital expenditures, including operations and maintenance, and minor

improvements and repair, and physical plant maintenance costs, for the conduct of

programs funded under this section;

(C) costs associated with repair, upkeep, replacement, and upgrading of

the instructional equipment; and

(D) institutional support of career and technical education.

(2) ACCOUNTING.--

Each institution receiving a grant under this section shall provide annually to the

Secretary an accurate and detailed accounting of the institution's operating and

maintenance expenses and such other information concerning costs as the Secretary may

reasonably require.

(f) OTHER PROGRAMS.--

(1) IN GENERAL.--

Except as specifically provided in this Act, eligibility for assistance under this section

shall not preclude any tribally controlled postsecondary career and technical institution

from receiving Federal financial assistance under any program authorized under the

Higher Education Act of 1965, or under any other applicable program for the benefit of

institutions of higher education or career and technical education.

(2) PROHIBITION ON ALTERATION OF GRANT AMOUNT.--

The amount of any grant for which tribally controlled postsecondary career and technical

institutions are eligible under this section shall not be altered because of funds allocated

to any such institution from funds appropriated under the Act of November 2, 1921

(commonly known as the ``Snyder Act'') (25 U.S.C. 13).

40

(3) PROHIBITION ON CONTRACT DENIAL.--

No tribally controlled postsecondary career and technical institution for which an Indian

Tribe has designated a portion of the funds appropriated for the tribe from funds

appropriated under the Act of November 2, 1921 (25 U.S.C. 13), may be denied a

contract for such portion under the Indian Self-Determination and Education Assistance

Act (except as provided in that Act), or denied appropriate contract support to administer

such portion of the appropriated funds.

(g) COMPLAINT RESOLUTION PROCEDURE.--

The Secretary shall establish (after consultation with tribally controlled postsecondary career and

technical institutions) a complaint resolution procedure for grant determinations and calculations

under this section for tribally controlled postsecondary career and technical institutions.

(h) DEFINITIONS.-- In this section:

(1) INDIAN; INDIAN TRIBE.--

The terms `Ìndian'' and `Ìndian Tribe'' have the meanings given the terms “Indian” and

“Indian tribe,” respectively, in section 2 of the Tribally Controlled Colleges and

Universities Assistance Act of 1978 (25 U.S.C. 1801).

(2) INDIAN STUDENT COUNT.--

(A) IN GENERAL.--

The term `Ìndian student count'' means a number equal to the total number of

Indian students enrolled in each tribally controlled postsecondary career and

technical institution, as determined in accordance with subparagraph (B).

(B) DETERMINATION.--

(I) ENROLLMENT.--

For each academic year, the Indian student count shall be determined on

the basis of the enrollments of Indian students as in effect at the

conclusion of--

(I) in the case of the fall term, the third week of the fall

term; and

(II) in the case of the spring term, the third week of the

spring term.

(ii) CALCULATION.--

For each academic year, the Indian student count for a tribally controlled

postsecondary career and technical institution shall be the quotient

obtained by dividing--

(I) the sum of the credit hours of all Indian students

enrolled in the tribally controlled postsecondary career and

technical institution (as determined under clause (i)); by

(II) 12.

(iii) SUMMER TERM.--

Any credit earned in a class offered during a summer term shall be

counted in the determination of the Indian student count for the

succeeding fall term.

(iv) STUDENTS WITHOUT SECONDARY SCHOOL

DEGREES.--

(I) IN GENERAL.--

A credit earned at a tribally controlled postsecondary career and

41

technical institution by any Indian student that has not obtained a

secondary school degree (or the recognized equivalent of such a

degree) shall be counted toward the determination of the Indian

student count if the institution at which the student is enrolled has

established criteria for the admission of the student on the basis of

the ability of the student to benefit from the education or training

of the institution.

(II) PRESUMPTION.--

The institution shall be presumed to have established the criteria

described in subclause (I) if the admission procedures for the

institution include counseling or testing that measures the aptitude

of a student to successfully complete a course in which the student

is enrolled.

(III) CREDITS TOWARD SECONDARY SCHOOL

DEGREE.--

No credit earned by an Indian student for the purpose of obtaining

a secondary school degree (or the recognized equivalent of such a

degree) shall be counted toward the determination of the Indian

student count under this clause.

(v) CONTINUING EDUCATION PROGRAMS.--

Any credit earned by an Indian student in a continuing education program

of a tribally controlled postsecondary career and technical institution shall

be included in the determination of the sum of all credit hours of the

student if the credit is converted to a credit hour basis in accordance with

the system of the institution for providing credit for participation in the

program.

(i) AUTHORIZATION OF APPROPRIATIONS.--

There are authorized to be appropriated to carry out this section--

(1) $9,762,539 for fiscal year 2019;

(2) $9,899,215 for fiscal year 2020;

(3) $10,037,804 for fiscal year 2021;

(4) $10,178,333 for fiscal year 2022;

(5) $10,320,829 for fiscal year 2023; and

(6) $10,465,321 for fiscal year 2024.

PART B--STATE PROVISIONS

SEC. 121. [20 U.S.C. 2341] STATE ADMINISTRATION.

(a) ELIGIBLE AGENCY RESPONSIBILITIES.--

The responsibilities of an eligible agency under this title shall include--

(1) coordination of the development, submission, and implementation of the State

plan, and the evaluation of the program, services, and activities assisted under this title,

including preparation for non-traditional fields;

(2) consultation with the Governor and appropriate agencies, groups, and

individuals including teachers, faculty, specialized instructional support personnel,

42

paraprofessionals, school leaders, authorized public chartering agencies and charter

school leaders (consistent with State law), employers, representatives of business

(including small businesses), labor organizations, eligible recipients, local program

administrators, State and local officials, Indian Tribes or Tribal organizations present in

the State, parents, students, and community organizations;

(3) convening and meeting as an eligible agency (consistent with State law and

procedure for the conduct of such meetings) at such time as the eligible agency

determines necessary to carry out the eligible agency's responsibilities under this title, but

not less than 4 times annually; and

(4) the adoption of such procedures as the eligible agency considers necessary to--

(A) implement State level coordination with the activities undertaken by

the State boards under section 101 of the Workforce Innovation and Opportunity

Act; and

(B) make available to the one-stop delivery system under section 121 of

the Workforce Innovation and Opportunity Act within the State a listing of all

school dropout, postsecondary education, and adult programs assisted under this

title.

(b) EXCEPTION.--

Except with respect to the responsibilities set forth in subsection (a), the eligible agency may

delegate any of the other responsibilities of the eligible agency that involve the administration,

operation, or supervision of activities assisted under this title, in whole or in part, to 1 or more

appropriate State agencies.

SEC. 122. [20 U.S.C. 2342] STATE PLAN.

(a) STATE PLAN.--

(1) IN GENERAL.--

Each eligible agency desiring assistance under this title for any fiscal year shall prepare

and submit to the Secretary a State plan for a 4-year period, consistent with subsection

(b) and paragraph (5), together with such annual revisions as the eligible agency

determines to be necessary, except that, during the period described in section 4, each

eligible agency may submit a transition plan that shall fulfill the eligible agency's

obligation to submit a State plan under this section for the first fiscal year following the

date of enactment of the Strengthening Career and Technical Education for the 21st

Century Act.

(2) REVISIONS.--

Each eligible agency--

(A) may submit such annual revisions of the State plan to the Secretary as

the eligible agency determines to be necessary; and

(B) shall, after the second year of the 4-year period, conduct a review of

activities assisted under this title and submit any revisions of the State plan that

the eligible agency determines necessary to the Secretary.

(3) HEARING PROCESS.--

The eligible agency shall conduct public hearings in the State, after appropriate and

sufficient notice, for the purpose of affording all segments of the public and interested

organizations and groups (including teachers, faculty, specialized instructional support

personnel, paraprofessionals, school leaders, authorized public chartering agencies and

43

charter school leaders (consistent with State law), employers, labor organizations,

parents, students, Indian Tribes and Tribal organizations that may be present in the State,

and community organizations), an opportunity to present their views and make

recommendations regarding the State plan. A summary of such recommendations and the

eligible agency's response to such recommendations shall be included in the State plan.

(4) PUBLIC COMMENT.--Each eligible agency shall make the State plan

publicly available for public comment for a period of not less than 30 days, by electronic

means and in an easily accessible format, prior to submission to the Secretary for

approval under this subsection. In the plan the eligible agency files under this subsection,

the eligible agency shall provide an assurance that public comments were taken into

account in the development of the State plan.

(5) OPTIONAL SUBMISSION OF SUBSEQUENT PLANS.--An eligible agency

may, after the first 4-year State plan is submitted under this section, submit subsequent 4-

year plans not later than 120 days prior to the end of the 4-year period covered by the

preceding State plan or, if an eligible agency chooses not to submit a State plan for a

subsequent 4-year period, the eligible agency shall submit, and the Secretary shall

approve, annual revisions to the State determined levels of performance in the same

manner as revisions submitted and approved under section 113(b)(3)(A)(ii).

(b) OPTIONS FOR SUBMISSION OF STATE PLAN.--

(1) COMBINED PLAN.--The eligible agency may submit a combined plan that

meets the requirements of this section and the requirements of section 103 of the

Workforce Innovation and Opportunity Act (29 U.S.C. 3113).

(2) NOTICE TO SECRETARY.--The eligible agency shall inform the Secretary

of whether the eligible agency intends to submit a combined plan described in paragraph

(1) or a single plan.

(c) PLAN DEVELOPMENT.--

(1) IN GENERAL.--The eligible agency shall—

(A) develop the State plan in consultation with—

(i) representatives of secondary and postsecondary career and technical

education programs, including eligible recipients and representatives of 2-year

minority-serving institutions and historically Black colleges and universities and

tribally controlled colleges or universities in States where such institutions are in

existence, adult career and technical education providers, and charter school

representatives in States where such schools are in existence, which shall include

teachers, faculty, school leaders, specialized instructional support personnel,

career and academic guidance counselors, and paraprofessionals;

(ii) interested community representatives, including parents, students, and

community organizations;

(iii) representatives of the State workforce development board established

under section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C.

3111) (referred to in this section as the `State board');

(iv) members and representatives of special populations;

(v) representatives of business and industry (including representatives of

small business), which shall include representatives of industry and sector

44

partnerships in the State, as appropriate, and representatives of labor organizations

in the State;

(vi) representatives of agencies serving out-of-school youth, homeless

children and youth, and at-risk youth, including the State Coordinator for

Education of Homeless Children and Youths established or designated under

section 722(d)(3) of the McKinney-Vento Homeless Assistance Act (42 U.S.C.

11432(d)(3));

(vii) representatives of Indian Tribes and Tribal organizations located in,

or providing services in, the State; and

(viii) individuals with disabilities; and

(B) consult the Governor of the State, and the heads of other State agencies with

authority for career and technical education programs that are not the eligible agency,

with respect to the development of the State plan.

(2) ACTIVITIES AND PROCEDURES.--The eligible agency shall develop effective

activities and procedures, including access to information needed to use such procedures,

to allow the individuals and entities described in paragraph (1) to participate in State and

local decisions that relate to development of the State plan.

(3) CONSULTATION WITH THE GOVERNOR.--The consultation described in

paragraph (1)(B) shall include meetings of officials from the eligible agency and the Governor's

office and shall occur—

(A) during the development of such plan; and

(B) prior to submission of the plan to the Secretary.

(d) PLAN CONTENTS.—The State plan shall include--

(1) a summary of State-supported workforce development activities (including education

and training) in the State, including the degree to which the State's career and technical education

programs and programs of study are aligned with and address the education and skill needs of the

employers in the State identified by the State board;

(2) the State's strategic vision and set of goals for preparing an educated and skilled

workforce (including special populations) and for meeting the skilled workforce needs of

employers, including in existing and emerging in-demand industry sectors and occupations as

identified by the State, and how the State's career and technical education programs will help to

meet these goals;

(3) a strategy for any joint planning, alignment, coordination, and leveraging of funds—

(A) between the State's career and technical education programs and programs of

study with the State's workforce development system, to achieve the strategic vision and

goals described in paragraph (2), including the core programs defined in section 3 of the

Workforce Innovation and Opportunity Act (29 U.S.C. 3102) and the elements related to

system alignment under section 102(b)(2)(B) of such Act (29 U.S.C. 3112(b)(2)(B)); and

(B) for programs carried out under this title with other Federal programs, which

may include programs funded under the Elementary and Secondary Education Act of

1965 and the Higher Education Act of 1965;

(4) a description of the career and technical education programs or programs of study that

will be supported, developed, or improved at the State level, including descriptions of—

(A) the programs of study to be developed at the State level and made available

for adoption by eligible recipients;

45

(B) the process and criteria to be used for approving locally developed programs

of study or career pathways, including how such programs address State workforce

development and education needs and the criteria to assess the extent to which the local

application under section 132 will—

(i) promote continuous improvement in academic achievement and

technical skill attainment;

(ii) expand access to career and technical education for special

populations; and

(iii) support the inclusion of employability skills in programs of study and

career pathways;

(C) how the eligible agency will—

(i) make information on approved programs of study and career pathways

(including career exploration, work-based learning opportunities, early college

high schools, and dual or concurrent enrollment program opportunities) and

guidance and advisement resources, available to students (and parents, as

appropriate), representatives of secondary and postsecondary education, and

special populations, and to the extent practicable, provide that information and

those resources in a language students, parents, and educators can understand;

(ii) facilitate collaboration among eligible recipients in the development

and coordination of career and technical education programs and programs of

study and career pathways that include multiple entry and exit points;

(iii) use State, regional, or local labor market data to determine alignment

of eligible recipients' programs of study to the needs of the State, regional, or

local economy, including in-demand industry sectors and occupations identified

by the State board, and to align career and technical education with such needs, as

appropriate;

(iv) ensure equal access to approved career and technical education

programs of study and activities assisted under this Act for special populations;

(v) coordinate with the State board to support the local development of

career pathways and articulate processes by which career pathways will be

developed by local workforce development boards, as appropriate;

(vi) support effective and meaningful collaboration between secondary

schools, postsecondary institutions, and employers to provide students with

experience in, and understanding of, all aspects of an industry, which may include

work-based learning such as internships, mentorships, simulated work

environments, and other hands-on or inquiry-based learning activities; and

(vii) improve outcomes and reduce performance gaps for CTE

concentrators, including those who are members of special populations; and

(D) how the eligible agency may include the opportunity for secondary school

students to participate in dual or concurrent enrollment programs, early college high

school, or competency-based education;

(5) a description of the criteria and process for how the eligible agency will approve

eligible recipients for funds under this Act, including how—

(A) each eligible recipient will promote academic achievement;

(B) each eligible recipient will promote skill attainment, including skill attainment

that leads to a recognized postsecondary credential; and

46

(C) each eligible recipient will ensure the comprehensive needs assessment under

section 134(c) takes into consideration local economic and education needs, including,

where appropriate, in-demand industry sectors and occupations;

(6) a description of how the eligible agency will support the recruitment and preparation

of teachers, including special education teachers, faculty, school principals,

administrators, specialized instructional support personnel, and paraprofessionals to

provide career and technical education instruction, leadership, and support, including

professional development that provides the knowledge and skills needed to work with

and improve instruction for special populations;

(7) a description of how the eligible agency will use State leadership funds under section

124;

(8) a description of how funds received by the eligible agency through the allotment

made under section 111 will be distributed—

(A) among career and technical education at the secondary level, or career and

technical education at the postsecondary and adult level, or both, including how such

distribution will most effectively provide students with the skills needed to succeed in the

workplace; and

(B) among any consortia that may be formed among secondary schools and

eligible institutions, and how funds will be distributed among the members of the

consortia, including the rationale for such distribution and how it will most effectively

provide students with the skills needed to succeed in the workplace;

(9) a description of the eligible agency's program strategies for special populations,

including a description of how individuals who are members of special populations—

(A) will be provided with equal access to activities assisted under this Act;

(B) will not be discriminated against on the basis of status as a member of a

special population;

(C) will be provided with programs designed to enable individuals who are

members of special populations to meet or exceed State determined levels of performance

described in section 113, and prepare special populations for further learning and for

high-skill, high-wage, or in-demand industry sectors or occupations;

(D) will be provided with appropriate accommodations; and

(E) will be provided instruction and work-based learning opportunities in

integrated settings that support competitive, integrated employment;

(10) a description of the procedure the eligible agency will adopt for determining State

determined levels of performance described in section 113, which, at a minimum, shall include—

(A) a description of the process for public comment under section 113(b)(3)(B) as

part of the development of the State determined levels of performance under section

113(b);

(B) an explanation of the State determined levels of performance; and

(C) a description of how the State determined levels of performance set by the

eligible agency align with the levels, goals, and objectives of other Federal and State

laws;

(11) a description of how the eligible agency will address disparities or gaps in

performance, as described in section 113(b)(3)(C)(ii)(II), in each of the plan years, and if no

meaningful progress has been achieved prior to the third program year, a description of the

additional actions the eligible agency will take to eliminate these disparities or gaps;

47

(12) describes how the eligible agency will involve parents, academic and career and

technical education teachers, administrators, faculty, career guidance and academic counselors,

local business (including small businesses), labor organizations, and representatives of Indian

Tribes and Tribal organizations, as appropriate, in the planning, development, implementation,

and evaluation of such career and technical education programs; and

(13) assurances that--

(A) the eligible agency will comply with the requirements of this Act and the

provisions of the State plan, including the provision of a financial audit of funds received

under this Act, which may be included as part of an audit of other Federal or State

programs;

(B) none of the funds expended under this Act will be used to acquire equipment

(including computer software) in any instance in which such acquisition results in a direct

financial benefit to any organization representing the interests of the acquiring entity or

the employees of the acquiring entity, or any affiliate of such an organization;

(C) the eligible agency will use the funds to promote preparation for high-skill,

high-wage, or in-demand industry sectors or occupations and non-traditional fields, as

identified by the eligible agency;

(D) the eligible agency will use the funds provided under this Act to implement

career and technical education programs and programs of study for individuals in State

correctional institutions, including juvenile justice facilities; and

(E) the eligible agency will provide local educational agencies, area career and

technical education schools, and eligible institutions in the State with technical

assistance, including technical assistance on how to close gaps in student participation

and performance in career and technical education programs; and

(14) a description of the opportunities for the public to comment in person and in writing

on the State plan under this subsection.

(e) CONSULTATION.—

(1) IN GENERAL.--The eligible agency shall develop the portion of each State plan

relating to the amount and uses of any funds proposed to be reserved for adult career and

technical education, postsecondary career and technical education, and secondary career and

technical education after consultation with—

(A) the State agency responsible for supervision of community colleges, technical

institutes, other 2-year postsecondary institutions primarily engaged in providing

postsecondary career and technical education, or, where applicable, institutions of higher

education that are engaged in providing postsecondary career and technical education as

part of their mission;

(B) the State agency responsible for secondary education; and

(C) the State agency responsible for adult education.

(2) OBJECTIONS OF STATE AGENCIES.--If a State agency other than the eligible

agency finds that a portion of the final State plan is objectionable, that objection shall be filed

together with the State plan. The eligible agency shall respond to any objections of such State

agency in the State plan submitted to the Secretary.

(3) JOINT SIGNATURE AUTHORITY.--A Governor shall have 30 days prior to the

eligible agency submitting the State plan to the Secretary to sign such plan. If the Governor has

not signed the plan within 30 days of delivery by the eligible agency to the Governor, the eligible

agency shall submit the plan to the Secretary without such signature.

48

(f) PLAN APPROVAL.—

(1) IN GENERAL.--Not later than 120 days after the eligible agency submits its State

plan, the Secretary shall approve such State plan, or a revision of the plan under subsection (a)(2)

(including a revision of State determined levels of performance in accordance with section

113(b)(3)(A)(iii)), if the Secretary determines that the State has submitted in its State plan State

determined levels of performance that meet the criteria established in section 113(b)(3),

including the minimum requirements described in section 113(b)(3)(A)(i)(III), unless the

Secretary—

(A) determines that the State plan does not meet the requirements of this Act,

including the minimum requirements as described in section 113(b)(3)(A)(i)(III); and

(B) meets the requirements of paragraph (2) with respect to such plan.

(2) DISAPPROVAL.--The Secretary—

(A) shall have the authority to disapprove a State plan only if the Secretary—

(i) determines how the State plan fails to meet the requirements of this

Act; and

(ii) provides to the eligible agency, in writing, notice of such

determination and the supporting information and rationale to substantiate such

determination; and

(B) shall not finally disapprove a State plan, except after making the determination and providing

the information described in subparagraph (A), and giving the eligible agency notice and an

opportunity for a hearing.

SEC. 123. [20 U.S.C. 2343] IMPROVEMENT PLANS.

(a) STATE PROGRAM IMPROVEMENT.--

(1) PLAN.--

If a State fails to meet at least 90 percent of the State determined level of performance

for any of the core indicators of performance described in section 113(b)(2) for all CTE

concentrators, the eligible agency shall develop and implement a program improvement

plan (that includes an analysis of the performance disparities or gaps identified under

section 113(b)(3)(C)(ii)(II), and actions that will be taken to address such graps) in

consultation with the appropriate agencies, individuals, and organizations during the first

program year succeeding the program year for which the eligible agency failed to so meet

the State determined level of performance for any of the core indicators of performance.

(2) TECHNICAL ASSISTANCE.--

If the Secretary determines that an eligible agency is not properly implementing the

eligible agency's responsibilities under section 122, or is not making substantial progress

in meeting the purposes of this section, including after implementation of the

improvement plan described in paragraph (1), based on the State determined levels of

performance, the Secretary shall work with the eligible agency to implement the

improvement activities consistent with the requirements of this Act.

(3) SUBSEQUENT ACTION.--

(A) IN GENERAL.--

The Secretary may, after notice and opportunity for a hearing, withhold from an

eligible agency all, or a portion, of the eligible agency's allotment under

paragraphs (2) and (3) of section 112(a) if the eligible agency--

(i) fails to implement an improvement plan as described in

paragraph (1); or

49

(ii) with respect to any specific core indicator of performance that

was identified in a program improvement plan under paragraph (1), fails

to meet at least 90 percent of a State determined level of performance for

such core indicator for 2 consecutive years after the eligible agency has

been identified for improvement under such paragraph.

(B) WAIVER FOR EXCEPTIONAL CIRCUMSTANCES.--

The Secretary may waive the sanction in subparagraph (A) due to exceptional or

uncontrollable circumstances, such as a natural disaster or a precipitous and

unforeseen decline in the financial resources of the State.

(4) FUNDS RESULTING FROM REDUCED ALLOTMENTS.--

The Secretary shall use funds withheld under paragraph (3) for a State served by an

eligible agency to provide technical assistance, to assist in the development of an

improved State improvement plan, or for other improvement activities consistent with the

requirements of this Act for such State.

(5) ADJUSTMENTS PROHIBITED.--An eligible agency shall not be eligible to

adjust performance levels while executing an improvement plan under this section.

(b) LOCAL PROGRAM IMPROVEMENT.--

(1) LOCAL EVALUATION.--

Each eligible agency shall evaluate annually, using the local levels of performance

described in section 113(b)(4), the career and technical education activities of each

eligible recipient receiving funds under this title.

(2) PLAN.--

If, after reviewing the evaluation in paragraph (1), the eligible agency determines that an

eligible recipient failed to meet at least 90 percent of an agreed upon local level of

performance for any of the core indicators of performance described in section 113(b)(4)

for all CTE concentrators, the eligible recipient shall develop and implement a program

improvement plan (that includes an analysis of the performance disparities or gaps

identified under section 113(b)(3)(C)(ii)(II), and actions that will be taken to address

such gaps) in consultation with local stakeholders described in section 134(d)(1), the

eligible agency, and appropriate agencies, individuals, and organizations during the first

program year succeeding the program year for which the eligible recipient failed to so

meet any of the local levels of performance for any of the core indicators of

performance.

(3) TECHNICAL ASSISTANCE.--

If the eligible agency determines that an eligible recipient is not properly implementing

the eligible recipient's responsibilities under section 134, or is not making substantial

progress in meeting the purposes of this Act, based on the local adjusted levels of

performance, the eligible agency shall work with the eligible recipient to implement

improvement activities consistent with the requirements of this Act.

(4) SUBSEQUENT ACTION.--

(A) IN GENERAL.--

The eligible agency may, after notice and opportunity for a hearing, withhold

from the eligible recipient all, or a portion, of the eligible recipient's allotment

under this title if the eligible recipient--

50

(i) fails to implement an improvement plan as described in

paragraph (2); or

(ii) with respect to any specific core indicator of performance that

was identified in a program improvement plan under paragraph (2), fails to

meet at least 90 percent of the local level of performance for such core

indicator for 2 consecutive years after the eligible recipient has been

identified for improvement under such paragraph.

(B) Waiver for exceptional circumstances.--

In determining whether to impose sanctions under subparagraph (A), the eligible

agency may waive imposing sanctions--

(i) due to exceptional or uncontrollable circumstances, such as a

natural disaster or a precipitous and unforeseen decline in the financial

resources of the eligible recipient;

(ii) based on the impact on the eligible recipient's reported

performance of the small size of the career and technical education

program operated by the eligible recipient; or

(iii) in response to a public request from an eligible recipient, if the

eligible agency determines that the requirements described in clause (i) or

(ii) have been met.

(5) FUNDS RESULTING FROM REDUCED ALLOTMENTS.--

The eligible agency shall use funds withheld under paragraph (4) from an eligible

recipient to provide (through alternative arrangements) services and activities to students

within the area served by such recipient to meet the purposes of this Act.

(6) ADJUSTMENTS PROHIBITED.--An eligible recipient shall not be eligible to

adjust performance levels while executing an improvement plan under this section.

SEC. 124. [20 U.S.C. 2344] STATE LEADERSHIP ACTIVITIES.

(a) GENERAL AUTHORITY.--

From amounts reserved under section 112(a)(2), each eligible agency shall--

(1) conduct State leadership activities to improve career and technical education, which

shall include support for--

(A) preparation for non-traditional fields in current and emerging professions, programs

for special populations, and other activities that expose students, including special populations,

to high-skill, high-wage, and in-demand occupations;

(B) individuals in State institutions, such as State correctional institutions, including

juvenile justice facilities, and educational institutions that serve individuals with disabilities;

(C) recruiting, preparing, or retaining career and technical education teachers, faculty,

specialized instructional support personnel, or paraprofessionals, such as preservice, professional

development, or leadership development programs; and

(D) technical assistance for eligible recipients; and

(2) report on the effectiveness of such use of funds in achieving the goals described in

section 122(d)(2) and the State determined levels of performance described in section

113(b)(3)(A), and reducing disparities or performance gaps as described in section

113(b)(3)(C)(ii)(II).

(b) PERMISSIBLE USES OF FUNDS.--

The State leadership activities described in subsection (a) may include--

51

(1) developing statewide programs of study, which may include standards,

curriculum, and course development, and career exploration, guidance, and advisement

activities and resources;

(2) approving locally developed programs of study that meet the requirements

established in section 122(d)(4)(B);

(3) establishing statewide articulation agreements aligned to approved programs

of study;

(4) establishing statewide industry or sector partnerships among local educational

agencies, institutions of higher education, adult education providers, Indian Tribes and

Tribal organizations that may be present in the State, employers, including small

businesses, and parents, as appropriate to--

(A) develop and implement programs of study aligned to State and local

economic and education needs, including, as appropriate, in-demand industry sectors and

occupations;

(B) facilitate the establishment, expansion, and integration of opportunities for

students at the secondary level to—

(i) successfully complete coursework that integrates rigorous and challenging

technical and academic instruction aligned with the challenging State academic standards

adopted by the State under section 1111(b)(1) of the Elementary and Secondary

Education Act of 1965; and

(ii) earn a recognized postsecondary credential or credit toward a recognized

postsecondary credential, which may be earned through a dual or concurrent enrollment

program or early college high school, at no cost to the student or the student's family; and

(C) facilitate work-based learning opportunities (including internships,

externships, and simulated work environments) into programs of study;

(5) for teachers, faculty, specialized instructional support personnel, and

paraprofessionals providing career and technical education instruction, support services,

and specialized instructional support services, high-quality comprehensive professional

development that is, to the extent practicable, grounded in evidence-based research (to

the extent a State determines that such evidence is reasonably available) that identifies

the most effective educator professional development process and is coordinated and

aligned with other professional development activities carried out by the State (including

under title II of the Elementary and Secondary Education Act of 1965 and title II of the

Higher Education Act of 1965), including programming that—

(A) promotes the integration of the challenging State academic standards adopted

by the State under section 1111(b)(1) of the Elementary and Secondary Education Act of

1965 and relevant technical knowledge and skills, including programming jointly

delivered to academic and career and technical education teachers;

(B) prepares career and technical education teachers, faculty, specialized

instructional support personnel, and paraprofessionals to provide appropriate

accommodations for students who are members of special populations, including through

the use of principles of universal design for learning, multi-tier systems of supports, and

positive behavioral interventions and support; and

(C) increases the ability of teachers, faculty, specialized instructional support

personnel, and paraprofessionals providing career and technical education instruction to

stay current with industry standards and earn an industry-recognized credential or license,

52

as appropriate, including by assisting those with relevant industry experience in obtaining

State teacher licensure or credential requirements;

(6) supporting eligible recipients in eliminating inequities in student access to—

(A) high-quality programs of study that provide skill development; and

(B) effective teachers, faculty, specialized instructional support personnel, and

paraprofessionals;

(7) awarding incentive grants to eligible recipients—

(A) for exemplary performance in carrying out programs under this Act, which

awards shall be based on—

(i) eligible recipients exceeding the local level of performance on a core indicator

of performance established under section 113(b)(4)(A) in a manner that reflects sustained

or significant improvement;

(ii) eligible recipients effectively developing connections between secondary

education and postsecondary education and training;

(iii) the integration of academic and technical standards;

(iv) eligible recipients' progress in closing achievement gaps among

subpopulations who participate in programs of study; or

(v) other factors relating to the performance of eligible recipients under this Act

as the eligible agency determines are appropriate; or

(B) if an eligible recipient elects to use funds as permitted under section 135(c);

(8) providing support for—

(A) the adoption and integration of recognized postsecondary credentials and

work-based learning into programs of study, and for increasing data collection associated

with recognized postsecondary credentials and employment outcomes; or

(B) consultation and coordination with other State agencies for the identification

and examination of licenses or certifications that—

(i) pose an unwarranted barrier to entry into the workforce for career and

technical education students; and

(ii) do not protect the health, safety, or welfare of consumers;

(9) the creation, implementation, and support of pay for success initiatives leading

to a recognized postsecondary credential;

(10) support for career and technical education programs for adults and out-of-

school youth concurrent with their completion of their secondary school education in a

school or other educational setting;

(11) the creation, evaluation, and support of competency-based curricula;

(12) support for the development, implementation, and expansion of programs of

study or career pathways in areas declared to be in a state of emergency under section

501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.

5191);

(13) partnering with qualified intermediaries to improve training, the development

of public-private partnerships, systems development, capacity-building, and scalability of

the delivery of high-quality career and technical education;

(14) improvement of career guidance and academic counseling programs that

assist students in making informed academic and career and technical education

decisions, including academic and financial aid counseling;

53

(15) support for the integration of employability skills into career and technical

education programs and programs of study;

(16) support for programs and activities that increase access, student engagement,

and success in science, technology, engineering, and mathematics fields (including

computer science, coding, and architecture), support for the integration of arts and design

skills, and support for hands-on learning, particularly for students who are members of

groups underrepresented in such subject fields, such as female students, minority

students, and students who are members of special populations;

(17) support for career and technical student organizations, especially with respect

to efforts to increase the participation of students in nontraditional fields and students

who are members of special populations;

(18) support for establishing and expanding work-based learning opportunities

that are aligned to career and technical education programs and programs of study;

(19) integrating and aligning programs of study and career pathways;

(20) supporting the use of career and technical education programs and programs

of study aligned with State, regional, or local high-skill, high-wage, or in-demand

industry sectors or occupations identified by the State workforce development board

described in section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C.

3111) or local workforce development boards;

(21) making all forms of instructional content widely available, which may

include use of open educational resources;

(22) developing valid and reliable assessments of competencies and technical

skills and enhancing data systems to collect and analyze data on secondary and

postsecondary academic and employment outcomes;

(23) support for accelerated learning programs, as described in section

4104(b)(3)(A)(i)(IV) of the Elementary and Secondary Education Act of 1965, in the

case of any such program that is part of a career and technical education program of

study;

(24) support for career academies to implement a postsecondary education and

workforce-ready curriculum at the secondary education level that integrates rigorous

academic, technical, and employability contents through career and technical education

programs and programs of study that address needs described in the comprehensive needs

assessment under section 134(c); and

(25) other State leadership activities that improve career and technical education.

(c) Restriction on Uses of Funds.--

An eligible agency that receives funds under section 112(a)(2) may not use any of such funds for

administrative costs, unless expressly authorized under subsection (a).

.

PART C--LOCAL PROVISIONS

SEC. 131. [20 U.S.C. 2351] DISTRIBUTION OF FUNDS TO SECONDARY EDUCATION

PROGRAMS.

(a) DISTRIBUTION RULES.--

Except as provided in section 133 and as otherwise provided in this section, each eligible agency

shall distribute the portion of funds made available under section 112(a)(1) to carry out this

section to local educational agencies within the State as follows:

54

(1) THIRTY PERCENT.--

Thirty percent shall be allocated to such local educational agencies in proportion to the

number of individuals aged 5 through 17, inclusive, who reside in the school district

served by such local educational agency for the preceding fiscal year compared to the

total number of such individuals who reside in the school districts served by all local

educational agencies in the State for such preceding fiscal year, as determined on the

basis of the most recent satisfactory--

(A) data provided to the Secretary by the Bureau of the Census for the

purpose of determining eligibility under title I of the Elementary and Secondary

Education Act of 1965; or

(B) student membership data collected by the National Center for

Education Statistics through the Common Core of Data survey system.

(2) SEVENTY PERCENT.--

Seventy percent shall be allocated to such local educational agencies in proportion to the

number of individuals aged 5 through 17, inclusive, who reside in the school district

served by such local educational agency and are from families below the poverty level for

the preceding fiscal year, as determined on the basis of the most recent satisfactory data

used under section 1124(c)(1)(A) of the Elementary and Secondary Education Act of

1965, compared to the total number of such individuals who reside in the school districts

served by all the local educational agencies in the State for such preceding fiscal year.

(3) ADJUSTMENTS.--

Each eligible agency, in making the allocations under paragraphs (1) and (2), shall adjust

the data used to make the allocations to--

(A) reflect any change in school district boundaries that may have

occurred since the data were collected; and

(B) include local educational agencies without geographical boundaries,

such as charter schools and secondary schools funded by the Bureau of Indian

Education.

(b) WAIVER FOR MORE EQUITABLE DISTRIBUTION.--

The Secretary may waive the application of subsection (a) in the case of any eligible agency that

submits to the Secretary an application for such a waiver that--

(1) demonstrates that a proposed alternative formula more effectively targets

funds on the basis of poverty (as defined by the Office of Management and Budget and

revised annually in accordance with section 673(2) of the Community Services Block

Grant Act (42 U.S.C. 9902(2))) to local educational agencies within the State than the

formula described in subsection (a); and

(2) includes a proposal for such an alternative formula.

(c) MINIMUM ALLOCATION.--

(1) IN GENERAL.--

Except as provided in paragraph (2), a local educational agency shall not receive an

allocation under subsection (a) unless the amount allocated to such agency under

subsection (a) is greater than $15,000. A local educational agency may enter into a

consortium with other local educational agencies for purposes of meeting the minimum

allocation requirement of this paragraph.

55

(2) WAIVER.--

The eligible agency shall waive the application of paragraph (1) in any case in which the

local educational agency--

(A)(i) is located in a rural, sparsely populated area; or

(ii) is a public charter school operating secondary school career

and technical education programs or programs of study; and

(B) demonstrates that the local educational agency is unable to enter into a

consortium for purposes of providing activities under this part.

(3) REDISTRIBUTION.--

Any amounts that are not allocated by reason of paragraph (1) or paragraph (2) shall be

redistributed to local educational agencies that meet the requirements of paragraph (1) or

(2) in accordance with the provisions of this section.

(d) LIMITED JURISDICTION AGENCIES.--

(1) IN GENERAL.—

In applying the provisions of subsection (a), no eligible agency receiving

assistance under this title shall allocate funds to a local educational agency that

serves only elementary schools, but shall distribute such funds to the local

educational agency or regional educational agency that provides secondary school

services to secondary school students in the same attendance area.

(2) SPECIAL RULE.--

The amount to be allocated under paragraph (1) to a local educational agency that has

jurisdiction only over secondary schools shall be determined based on the number of

students that entered such secondary schools in the previous year from the elementary

schools involved.

(e) ALLOCATIONS TO AREA CAREER AND TECHNICAL EDUCATION

SCHOOLS AND EDUCATIONAL SERVICE AGENCIES.--

(1) IN GENERAL.--

Each eligible agency shall distribute the portion of funds made available under section

112(a)(1) for any fiscal year by such eligible agency for career and technical education

activities at the secondary level under this section to the appropriate area career and

technical education school or educational service agency in any case in which the area

career and technical education school or educational service agency, and the local

educational agency concerned--

(A) have formed or will form a consortium for the purpose of receiving

funds under this section; or

(B) have entered into or will enter into a cooperative arrangement for such

purpose.

(2) ALLOCATION BASIS.--

If an area career and technical education school or educational service agency meets the

requirements of paragraph (1), then the amount that would otherwise be distributed to the

local educational agency shall be allocated to the area career and technical education

school, the educational service agency, and the local educational agency based on each

school, agency or entity's relative share of students who are attending career and technical

education programs (based, if practicable, on the average enrollment for the preceding 3

years).

56

(3) APPEALS PROCEDURE.--

The eligible agency shall establish an appeals procedure for resolution of any dispute

arising between a local educational agency and an area career and technical education

school or an educational service agency with respect to the allocation procedures

described in this section, including the decision of a local educational agency to leave a

consortium or terminate a cooperative arrangement.

(f) CONSORTIUM REQUIREMENTS.--

(1) ALLIANCE.--

Any local educational agency receiving an allocation that is not sufficient to conduct a

program which meets the requirements of section 135 is encouraged to--

(A) form a consortium or enter into a cooperative agreement with an area

career and technical education school or educational service agency offering

programs that meet the requirements of section 135;

(B) transfer such allocation to the area career and technical education

school or educational service agency; and

(C) operate programs that are of sufficient size, scope, and quality to be

effective.

(2) FUNDS TO CONSORTIUM.--

Funds allocated to a consortium formed to meet the requirements of this subsection shall

be used only for purposes and programs that are mutually beneficial to all members of the

consortium and can be used only for programs authorized under this title. Such funds

may not be reallocated to individual members of the consortium for purposes or programs

benefitting only 1 member of the consortium.

(g) DATA.--

The Secretary shall collect information from eligible agencies regarding the specific dollar

allocations made available by the eligible agency for career and technical education programs

and programs of study under subsections (a), (b), (c), (d), and (e) and how these allocations are

distributed to local educational agencies, area career and technical education schools, and

educational service agencies, within the State in accordance with this section.

(h) SPECIAL RULE.--

Each eligible agency distributing funds under this section shall treat a secondary school funded

by the Bureau of Indian Education within the State as if such school were a local educational

agency within the State for the purpose of receiving a distribution under this section.

SEC. 132. [20 U.S.C. 2352] DISTRIBUTION OF FUNDS FOR POSTSECONDARY

EDUCATION PROGRAMS.

(a) ALLOCATION.--

(1) IN GENERAL.--

Except as provided in subsections (b) and (c) and section 133, each eligible agency shall

distribute the portion of the funds made available under section 112(a)(1) to carry out this

section for any fiscal year to eligible institutions or consortia of eligible institutions

within the State.

(2) FORMULA.--

Each eligible institution or consortium of eligible institutions shall be allocated an

amount that bears the same relationship to the portion of funds made available under

section 112(a)(1) to carry out this section for any fiscal year as the sum of the number of

57

individuals who are Federal Pell Grant recipients and recipients of assistance from the

Bureau of Indian Affairs enrolled in programs meeting the requirements of section 135

offered by such institution or consortium in the preceding fiscal year bears to the sum of

the number of such recipients enrolled in such programs within the State for such year.

(3) CONSORTIUM REQUIREMENTS.--

(A) IN GENERAL.--

In order for a consortium of eligible institutions described in paragraph (2) to

receive assistance pursuant to such paragraph, such consortium shall operate joint

projects that--

(i) provide services to all postsecondary institutions participating in

the consortium; and

(ii) are of sufficient size, scope, and quality to be effective.

(B) FUNDS TO CONSORTIUM.--

Funds allocated to a consortium formed to meet the requirements of this section

shall be used only for purposes and programs that are mutually beneficial to all

members of the consortium and shall be used only for programs authorized under

this title. Such funds may not be reallocated to individual members of the

consortium for purposes or programs benefitting only 1 member of the

consortium.

(4) WAIVER.--

The eligible agency may waive the application of paragraph (3)(A)(i) in any case in

which the eligible institution is located in a rural, sparsely populated area.

(b) WAIVER FOR MORE EQUITABLE DISTRIBUTION.--

The Secretary may waive the application of subsection (a) if an eligible agency submits to the

Secretary an application for such a waiver that--

(1) demonstrates that the formula described in subsection (a) does not result in a

distribution of funds to the eligible institutions or consortia within the State that have the

highest numbers of economically disadvantaged individuals and that an alternative

formula will result in such a distribution; and

(2) includes a proposal for such an alternative formula.

(c) MINIMUM GRANT AMOUNT.--

(1) IN GENERAL.--

No institution or consortium shall receive an allocation under this section in an amount

that is less than $50,000.

(2) REDISTRIBUTION.--

Any amounts that are not distributed by reason of paragraph (1) shall be redistributed to

eligible institutions or consortia in accordance with this section.

SEC. 133. [20 U.S.C. 2353] SPECIAL RULES FOR CAREER AND TECHNICAL

EDUCATION.

(a) SPECIAL RULE FOR MINIMAL ALLOCATION.--

(1) GENERAL AUTHORITY.--

Notwithstanding the provisions of sections 131 and 132 and in order to make a more

equitable distribution of funds for programs serving the areas of greatest economic need,

for any program year for which a minimal amount is made available by an eligible

58

agency for distribution under section 131 or 132, such eligible agency may distribute

such minimal amount for such year--

(A) on a competitive basis; or

(B) through any alternative method determined by the eligible agency.

(2) MINIMAL AMOUNT.--

For purposes of this section, the term ``minimal amount'' means not more than 15 percent

of the total amount made available for distribution under section 112(a)(1).

(b) Redistribution.--

(1) IN GENERAL.--

In any academic year that an eligible recipient does not expend all of the amounts the

eligible recipient is allocated for such year under section 131 or 132, such eligible

recipient shall return any unexpended amounts to the eligible agency to be reallocated

under section 131 or 132, as appropriate.

(2) REDISTRIBUTION OF AMOUNTS RETURNED LATE IN AN

ACADEMIC YEAR.--

In any academic year in which amounts are returned to the eligible agency under section

131 or 132 and the eligible agency is unable to reallocate such amounts according to such

sections in time for such amounts to be expended in such academic year, the eligible

agency shall retain such amounts for distribution in combination with amounts provided

under section 112(a)(1) for the following academic year.

(c) CONSTRUCTION.--

Nothing in section 131 or 132 shall be construed--

(1) to prohibit a local educational agency or a consortium thereof that receives

assistance under section 131, from working with an eligible institution or consortium

thereof that receives assistance under section 132, to carry out career and technical

education programs or programs of study at the secondary level in accordance with this

title;

(2) to prohibit an eligible institution or consortium thereof that receives assistance

under section 132, from working with a local educational agency or consortium thereof

that receives assistance under section 131, to carry out postsecondary and adult career

and technical education programs or programs of study in accordance with this title; or

(3) to require a charter school, that provides career and technical education

programs and is considered a local educational agency under State law, to jointly

establish the charter school's eligibility for assistance under this title unless the charter

school is explicitly permitted to do so under the State's charter school statute.

(d) CONSISTENT APPLICATION.--

For purposes of this section, the eligible agency shall provide funds to charter schools

offering career and technical education programs in the same manner as the eligible agency

provides those funds to other schools. Such career and technical education programs within a

charter school shall be of sufficient size, scope, and quality to be effective.

SEC. 134. [20 U.S.C. 2354] LOCAL APPLICATION FOR CAREER AND TECHNICAL

EDUCATION PROGRAMS.

(a) LOCAL APPLICATION REQUIRED.--

Any eligible recipient desiring financial assistance under this part shall, in accordance with

requirements established by the eligible agency (in consultation with such other educational

59

training entities as the eligible agency determines to be appropriate) submit a local application to

the eligible agency. Such local application shall cover the same period of time as the period of

time applicable to the State plan submitted under section 122.

(b) CONTENTS.--The eligible agency shall determine the requirements for local applications,

except that each local application shall contain—

(1) a description of the results of the comprehensive needs assessment conducted under

subsection(c);

(2) information on the career and technical education course offerings and activities that

the eligible recipient will provide with funds under this part, which shall include not less than 1

program of study approved by a State under section 124(b)(2), including--

(A) how the results of the comprehensive needs assessment described in

subsection(c) informed the selection of the specific career and technical education

programs and activities selected to be funded;

(B) a description of any new programs of study the eligible recipient will develop

and submit to the State for approval; and

(C) how students, including students who are members of special populations,

will learn about their school's career and technical education course offerings and

whether each course is part of a career and technical education program of study;

(3) a description of how the eligible recipient, in collaboration with local workforce

development boards and other local workforce agencies, one-stop delivery systems described in

section 121(e)(2) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3151(e)(2)), and

other partners, will provide—

(A) career exploration and career development coursework, activities, or services;

(B) career information on employment opportunities that incorporate the most up-

to-date information on high-skill, high-wage, or in-demand industry sectors or

occupations, as determined by the comprehensive needs assessment described in

subsection (c); and

(C) an organized system of career guidance and academic counseling to students

before enrolling and while participating in a career and technical education program;

(4) a description of how the eligible recipient will improve the academic and technical

skills of students participating in career and technical education programs by strengthening the

academic and career and technical education components of such programs through the

integration of coherent and rigorous content aligned with challenging academic standards and

relevant career and technical education programs to ensure learning in the subjects that constitute

a well-rounded education(as defined in section 8101 of the Elementary and Secondary Education

Act of 1965);

(5) a description of how the eligible recipient will—

(A) provide activities to prepare special populations for high-skill, high-wage, or

in-demand industry sectors or occupations that will lead to self-sufficiency;

(B) prepare CTE participants for non-traditional fields;

(C) provide equal access for special populations to career and technical education

courses, programs, and programs of study; and

(D) ensure that members of special populations will not be discriminated against

on the basis of their status as members of special populations;

(6) a description of the work-based learning opportunities that the eligible recipient will

provide to students participating in career and technical education programs and how the

60

recipient will work with representatives from employers to develop or expand work-based

learning opportunities for career and technical education students, as applicable;

(7) a description of how the eligible recipient will provide students participating in career

and technical education programs with the opportunity to gain postsecondary credit while still

attending high school, such as through dual or concurrent enrollment programs or early college

high school, as practicable;

(8) a description of how the eligible recipient will coordinate with the eligible agency and

institutions of higher education to support the recruitment, preparation, retention, and training,

including professional development, of teachers, faculty, administrators, and specialized

instructional support personnel and paraprofessionals who meet applicable State certification and

licensure requirements (including any requirements met through alternative routes to

certification), including individuals from groups underrepresented in the teaching profession; and

(9) a description of how the eligible recipient will address disparities or gaps in

performance as described in section 113(b)(3)(C)(ii)(II) in each of the plan years, and if no

meaningful progress has been achieved prior to the third program year, a description of the

additional actions such recipient will take to eliminate those disparities or gaps.

(c) COMPREHENSIVE NEEDS ASSESSMENT.—

(1) IN GENERAL.--To be eligible to receive financial assistance under this part, an

eligible recipient shall--

(A) conduct a comprehensive local needs assessment related to career and

technical education and include the results of the needs assessment in the local

application submitted under subsection(a); and

(B) not less than once every 2 years, update such comprehensive local needs

assessment.

(2) REQUIREMENTS.--The comprehensive local needs assessment described in

paragraph (1) shall include each of the following:

(A) An evaluation of the performance of the students served by the eligible recipient with

respect to State determined and local levels of performance established pursuant to section 113,

including an evaluation of performance for special populations and each subgroup described in

section 1111(h)(1)(C)(ii) of the Elementary and Secondary Education Act of 1965.

(B) A description of how career and technical education programs offered by the eligible

recipient are—

(i) sufficient in size, scope, and quality to meet the needs of all students served by

the eligible recipient; and

(ii)(I) aligned to State, regional, Tribal, or local in-demand industry sectors or

occupations identified by the State workforce development board described in section

101 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111)(referred to in

this section as the `State board') or local workforce development board, including career

pathways, where appropriate; or

(II) designed to meet local education or economic needs not identified by

State boards or local workforce development boards.

(C) An evaluation of progress toward the implementation of career and technical

education programs and programs of study.

(D) A description of how the eligible recipient will improve recruitment, retention, and

training of career and technical education teachers, faculty, specialized instructional support

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personnel, paraprofessionals, and career guidance and academic counselors, including

individuals in groups underrepresented in such professions.

(E) A description of progress toward implementation of equal access to high-quality

career and technical education courses and programs of study for all students, including—

(i) strategies to overcome barriers that result in lower rates of access to, or

performance gaps in, the courses and programs for special populations;

(ii) providing programs that are designed to enable special populations to meet the

local levels of performance; and

(iii) providing activities to prepare special populations for high-skill, high-wage,

or in-demand industry sectors or occupations in competitive, integrated settings that will

lead to self-sufficiency.

(d) CONSULTATION.—In conducting the comprehensive needs assessment under subsection

(c), and developing the local application described in subsection(b), an eligible recipient shall

involve a diverse body of stakeholders, including, at a minimum—

(1) representatives of career and technical education programs in a local educational

agency or educational service agency, including teachers, career guidance and academic

counselors, principals and other school leaders, administrators, and specialized instructional

support personnel and paraprofessionals;

(2) representatives of career and technical education programs at postsecondary

educational institutions, including faculty and administrators;

(3) representatives of the State board or local workforce development boards and a range

of local or regional businesses or industries;

(4) parents and students;

(5) representatives of special populations;

(6) representatives of regional or local agencies serving out-of-school youth, homeless

children and youth, and at-risk youth (as defined in section 1432 of the Elementary and

Secondary Education Act of 1965);

(7) representatives of Indian Tribes and Tribal organizations in the State, where

applicable; and

(8) any other stakeholders that the eligible agency may require the eligible recipient to

consult.

(e) CONTINUED CONSULTATION.--An eligible recipient receiving financial assistance under

this part shall consult with stakeholders described in subsection(d) on an ongoing basis, as

determined by the eligible agency. This may include consultation in order to—

(1) provide input on annual updates to the comprehensive needs assessment required

under subsection (c)(1)(B);

(2) ensure programs of study are—

(A) responsive to community employment needs;

(B) aligned with employment priorities in the State, regional, tribal, or local

economy identified by employers and the entities described in subsection(d), which may

include in-demand industry sectors or occupations identified by the local workforce

development board;

(C) informed by labor market information, including information provided under

section 15(e)(2)(C) of the Wagner-Peyser Act (29 U.S.C. 491-2(e)(2)(C));

(D) designed to meet current, intermediate, or long-term labor market projections;

and

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(E) allow employer input, including input from industry or sector partnerships in

the local area, where applicable, into the development and implementation of programs of

study to ensure such programs of study align with skills required by local employment

opportunities, including activities such as the identification of relevant standards,

curriculum, industry-recognized credentials, and current technology and equipment;

(3) identify and encourage opportunities for work-based learning; and

(4) ensure funding under this part is used in a coordinated manner with other local

resources.

SEC. 135. LOCAL USES OF FUNDS.

(a) GENERAL AUTHORITY.--Each eligible recipient that receives funds under this part

shall use such funds to develop, coordinate, implement, or improve career and technical

education programs to meet the needs identified in the comprehensive needs assessment

described in section 134(c).

(b) REQUIREMENTS FOR USES OF FUNDS.--Funds made available to eligible

recipients under this part shall be used to support career and technical education programs that

are of sufficient size, scope, and quality to be effective and that—

(1) provide career exploration and career development activities through an organized,

systematic framework designed to aid students, including in the middle grades, before enrolling

and while participating in a career and technical education program, in making informed plans

and decisions about future education and career opportunities and programs of study, which may

include—

(A) introductory courses or activities focused on career exploration and career awareness,

including non-traditional fields;

(B) readily available career and labor market information, including information on--

(i) occupational supply and demand;

(ii) educational requirements;

(iii) other information on careers aligned to State, local, or Tribal (as applicable)

economic priorities; and

(iv) employment sectors;

(C) programs and activities related to the development of student graduation and career

plans;

(D) career guidance and academic counselors that provide information on postsecondary

education and career options;

(E) any other activity that advances knowledge of career opportunities and assists

students in making informed decisions about future education and employment goals, including

non-traditional fields; or

(F) providing students with strong experience in, and comprehensive understanding of,

all aspects of an industry;

(2) provide professional development for teachers, faculty, school leaders, administrators,

specialized instructional support personnel, career guidance and academic counselors, or

paraprofessionals, which may include—

(A) professional development on supporting individualized academic and career and

technical education instructional approaches, including the integration of academic and career

and technical education standards and curricula;

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(B) professional development on ensuring labor market information is used to inform the

programs, guidance, and advisement offered to students, including information provided under

section 15(e)(2)(C) of the Wagner-Peyser Act (29 U.S.C. 49l-2(e)(2)(C));

(C) providing teachers, faculty, school leaders, administrators, specialized instructional

support personnel, career guidance and academic counselors, or paraprofessionals, as

appropriate, with opportunities to advance knowledge, skills, and understanding of all aspects of

an industry, including the latest workplace equipment, technologies, standards, and credentials;

(D) supporting school leaders and administrators in managing career and technical

education programs in the schools, institutions, or local educational agencies of such school

leaders or administrators;

(E) supporting the implementation of strategies to improve student achievement and close

gaps in student participation and performance in career and technical education programs;

(F) providing teachers, faculty, specialized instructional support personnel, career

guidance and academic counselors, principals, school leaders, or paraprofessionals, as

appropriate, with opportunities to advance knowledge, skills, and understanding in pedagogical

practices, including, to the extent the eligible recipient determines that such evidence is

reasonably available, evidence-based pedagogical practices;

(G) training teachers, faculty, school leaders, administrators, specialized instructional

support personnel, career guidance and academic counselors, or paraprofessionals, as

appropriate, to provide appropriate accommodations for individuals with disabilities, and

students with disabilities who are provided accommodations under the Rehabilitation Act of

1973 (29 U.S.C. 701 et seq.) or the Individuals with Disabilities Education Act;

(H) training teachers, faculty, specialized instructional support personnel, career guidance

and academic counselors, and paraprofessionals in frameworks to effectively teach students,

including a particular focus on students with disabilities and English learners, which may include

universal design for learning, multi-tier systems of supports, and positive behavioral

interventions and support; or

(I) training for the effective use of community spaces that provide access to tools,

technology, and knowledge for learners and entrepreneurs, such as makerspaces or libraries;

(3) provide within career and technical education the skills necessary to pursue careers in

high-skill, high-wage, or in-demand industry sectors or occupations;

(4) support integration of academic skills into career and technical education programs

and programs of study to support—

(A) CTE participants at the secondary school level in meeting the challenging State

academic standards adopted under section 1111(b)(1) of the Elementary and Secondary

Education Act of 1965 by the State in which the eligible recipient is located; and

(B) CTE participants at the postsecondary level in achieving academic skills;

(5) plan and carry out elements that support the implementation of career and technical

education programs and programs of study and that result in increasing student achievement of

the local levels of performance established under section 113, which may include—

(A) a curriculum aligned with the requirements for a program of study;

(B) sustainable relationships among education, business and industry, and other

community stakeholders, including industry or sector partnerships in the local area, where

applicable, that are designed to facilitate the process of continuously updating and aligning

programs of study with skills that are in demand in the State, regional, or local economy, and in

collaboration with business outreach staff in one-stop centers, as defined in section 3 of the

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Workforce Innovation and Opportunity Act (29 U.S.C. 3102), and other appropriate

organizations, including community-based and youth-serving organizations;

(C) where appropriate, expanding opportunities for CTE concentrators to participate in

accelerated learning programs (as described in section 4104(b)(3)(A)(i)(IV) of the Elementary

and Secondary Education Act of 1965 (20 U.S.C. 7114(b)(3)(A)(i)(IV)), including dual or

concurrent enrollment programs, early college high schools, and the development or

implementation of articulation agreements as part of a career and technical education program of

study;

(D) appropriate equipment, technology, and instructional materials (including support for

library resources) aligned with business and industry needs, including machinery, testing

equipment, tools, implements, hardware and software, and other new and emerging instructional

materials;

(E) a continuum of work-based learning opportunities, including simulated work

environments;

(F) industry-recognized certification examinations or other assessments leading toward a

recognized postsecondary credential;

(G) efforts to recruit and retain career and technical education program teachers, faculty,

school leaders, administrators, specialized instructional support personnel, career guidance and

academic counselors, and paraprofessionals;

(H) where applicable, coordination with other education and workforce development

programs and initiatives, including career pathways and sector partnerships developed under the

Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et seq.) and other Federal laws and

initiatives that provide students with transition-related services, including the Individuals with

Disabilities Education Act;

(I) expanding opportunities for students to participate in distance career and technical

education and blended-learning programs;

(J) expanding opportunities for students to participate in competency-based education

programs;

(K) improving career guidance and academic counseling programs that assist students in

making informed academic and career and technical education decisions, including academic and

financial aid counseling;

(L) supporting the integration of employability skills into career and technical education

programs and programs of study, including through family and consumer science programs;

(M) supporting programs and activities that increase access, student engagement, and

success in science, technology, engineering, and mathematics fields (including computer science

and architecture) for students who are members of groups underrepresented in such subject

fields;

(N) providing career and technical education, in a school or other educational setting, for

adults or out-of-school youth to complete secondary school education or upgrade technical skills;

(O) supporting career and technical student organizations, including student preparation

for and participation in technical skills competitions aligned with career and technical education

program standards and curricula;

(P) making all forms of instructional content widely available, which may include use of

open educational resources;

(Q) supporting the integration of arts and design skills, when appropriate, into career and

technical education programs and programs of study;

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(R) partnering with a qualified intermediary to improve training, the development of

public-private partnerships, systems development, capacity-building, and scalability of the

delivery of high-quality career and technical education;

(S) support to reduce or eliminate out-of-pocket expenses for special populations

participating in career and technical education, including those participating in dual or

concurrent enrollment programs or early college high school programs, and supporting the costs

associated with fees, transportation, child care, or mobility challenges for those special

populations; or

(T) other activities to improve career and technical education programs; and

(6) develop and implement evaluations of the activities carried out with funds under this

part, including evaluations necessary to complete the comprehensive needs assessment required

under section 134(c) and the local report required under section 113(b)(4)(B).

(c) POOLING FUNDS.--An eligible recipient may pool a portion of funds received under

this Act with a portion of funds received under this Act available to one or more eligible

recipients to support implementation of programs of study through the activities described in

subsection(b)(2).

(d) ADMINISTRATIVE COSTS.--Each eligible recipient receiving funds under this part

shall not use more than 5 percent of such funds for costs associated with the administration of

activities under this section.

TITLE II-GENERAL PROVISIONS

PART A--FEDERAL ADMINISTRATIVE PROVISIONS

SEC. 211. [20 U.S.C. 2391] FISCAL REQUIREMENTS.

(a) SUPPLEMENT NOT SUPPLANT.--

Funds made available under this Act for career and technical education activities shall

supplement, and shall not supplant, non-Federal funds expended to carry out career and technical

education activities.

(b) MAINTENANCE OF EFFORT.--

(1) DETERMINATION.--

(A) IN GENERAL.--Except as provided in subparagraph (B), (C), or (D),

in order for a State to receive its full allotment of funds under this Act for any

fiscal year, the Secretary must find that the State's fiscal effort per student, or the

aggregate expenditures of such State, with respect to career and technical

education for the preceding fiscal year was not less than the fiscal effort per

student, or the aggregate expenditures of such State, for the second preceding

fiscal year.

(B) COMPUTATION.--

In computing the fiscal effort or aggregate expenditures pursuant to subparagraph

(A), the Secretary shall, at the request of the State, exclude competitive or

incentive-based programs established by the State, capital expenditures, special

one-time project costs, and the cost of pilot programs.

(C) DECREASE IN FEDERAL SUPPORT.--

If the amount made available for career and technical education programs under

this Act for a fiscal year is less than the amount made available for career and

technical education programs under this Act for the preceding fiscal year, then the

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fiscal effort per student or the aggregate expenditures of a State required by

subparagraph (A) for the preceding fiscal year shall be decreased by the same

percentage as the percentage decrease in the amount so made available.

(D) ESTABLISHING THE STATE BASELINE.--For purposes of

applying subparagraph (A) for years which require the calculation of the State's

fiscal effort per student, or aggregate expenditures of such State, with respect to

career and technical education for the first full fiscal year following the date of

enactment of the Strengthening Career and Technical Education for the 21st

Century Act, the State may determine the State's fiscal effort per student, or

aggregate expenditures of such State, with respect to career and technical

education for such first full fiscal year by--

(i) continuing to use the State's fiscal effort per student, or aggregate

expenditures of such State, with respect to career and technical education, as was

in effect on the day before the date of enactment of the Strengthening Career and

Technical Education for the 21st Century Act; or

(ii) establishing a new level of fiscal effort per student, or aggregate

expenditures of such State, with respect to career and technical education, which

is not less than 95 percent of the State's fiscal effort per student, or the aggregate

expenditures of such State, with respect to career and technical education for the

preceding fiscal year.

(2) FAILURE TO MEET.—

(A) IN GENERAL.--The Secretary shall reduce the amount of a State's

allotment of funds under this Act for any fiscal year in the exact proportion by

which the State fails to meet the requirement of paragraph (1) by falling below the

State's fiscal effort per student or the State's aggregate expenditures (using the

measure most favorable to the State), if the State failed to meet such requirement

(as determined using the measure most favorable to the State) for 1 or more of the

5 immediately preceding fiscal years.

(B) SPECIAL RULE.--No such lesser amount shall be used for computing

the effort required under paragraph (1) for subsequent years.

(3) WAIVER.--The Secretary may waive paragraph (2) due to exceptional or

uncontrollable circumstances affecting the ability of the State to meet the requirement of

paragraph (1) such as a natural disaster or an unforeseen and precipitous decline in

financial resources. No level of funding permitted under such a waiver may be used as

the basis for computing the fiscal effort or aggregate expenditures required under this

section for years subsequent to the year covered by such waiver. The fiscal effort or

aggregate expenditures for the subsequent years shall be computed on the basis of the

level of funding that would, but for such waiver, have been required.

SEC. 212. [20 U.S.C. 2392] AUTHORITY TO MAKE PAYMENTS.

Any authority to make payments or to enter into contracts under this Act shall be available only

to such extent or in such amounts as are provided in advance in appropriation Acts.

SEC. 213. [20 U.S.C. 2393] CONSTRUCTION.

Nothing in this Act shall be construed to permit, allow, encourage, or authorize any Federal

control over any aspect of a private, religious, or home school, regardless of whether a home

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school is treated as a private school or home school under State law. This section shall not be

construed to bar students attending private, religious, or home schools from participation in

programs or services under this Act.

SEC. 214. [20 U.S.C. 2394] VOLUNTARY SELECTION AND PARTICIPATION.

No funds made available under this Act shall be used--

(1) to require any secondary school student to choose or pursue a specific career

pathway or program of study; or

(2) to mandate that any individual participate in a career and technical education

program, including a career and technical education program that requires the attainment

of a federally funded skill level, standard, or certificate of mastery.

SEC. 215. [20 U.S.C. 2395] LIMITATION FOR CERTAIN STUDENTS.

No funds received under this Act may be used to provide career and technical education

programs or programs of study to students prior to the the middle grades (as such term is defined

in section 8101 of the Elementary and Secondary Education Act of 1965), except that equipment

and facilities purchased with funds under this Act may be used by such students.

SEC. 216. [20 U.S.C. 2396] FEDERAL LAWS GUARANTEEING CIVIL RIGHTS.

Nothing in this Act shall be construed to be inconsistent with applicable Federal law prohibiting

discrimination on the basis of race, color, sex, national origin, age, or disability in the provision

of Federal programs or services.

SEC. 217. [20 U.S.C. 2397] PARTICIPATION OF PRIVATE SCHOOL PERSONNEL AND

CHILDREN.

(a) PERSONNEL.--

An eligible agency or eligible recipient that uses funds under this Act for in-service and

preservice career and technical education professional development programs for career and

technical education teachers, administrators, and other personnel shall, to the extent practicable,

upon written request, permit the participation in such programs of career and technical education

secondary school teachers, administrators, and other personnel in nonprofit private schools

offering career and technical secondary education programs located in the geographical area

served by such eligible agency or eligible recipient.

(b) STUDENT PARTICIPATION.--

(1) STUDENT PARTICIPATION.--

Except as prohibited by State or local law, an eligible recipient may, upon written

request, use funds made available under this Act to provide for the meaningful

participation, in career and technical education programs and activities, including

programs of study, receiving funding under this Act, of secondary school students

attending nonprofit private schools in areas served by the eligible recipient.

(2) CONSULTATION.--

An eligible recipient shall consult, upon written request, in a timely and meaningful

manner with representatives of nonprofit private schools in areas served by the eligible

recipient described in paragraph (1) regarding the meaningful participation, in career and

technical education programs and activities, including programs of study, receiving

funding under this Act, of secondary school students attending nonprofit private schools.

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SEC. 218. [20 U.S.C. 2398] LIMITATION ON FEDERAL REGULATIONS.

The Secretary may issue regulations under this Act only to the extent necessary to administer and

ensure compliance with the specific requirements of this Act.

SEC. 219. STUDY ON PROGRAMS OF STUDY ALIGNED TO HIGH-SKILL, HIGH-WAGE

OCCUPATIONS.

(a) SCOPE OF STUDY.--The Comptroller General of the United States shall conduct a

study to evaluate--

(1) the strategies, components, policies, and practices used by eligible agencies or

eligible recipients receiving funding under this Act to successfully assist—

(A) all students in pursuing and completing programs of study aligned to

high-skill, high-wage occupations; and

(B) any special population or specific subgroup of students identified in

section 1111(h)(1)(C)(ii) of the Elementary and Secondary Education Act of 1965

in pursuing and completing programs of study aligned to high-skill, high-wage

occupations in fields in which such special population or subgroup is

underrepresented; and

(2) any challenges associated with replication of such strategies, components,

policies, and practices.

(b) CONSULTATION.--In carrying out the study conducted under subsection (a), the

Comptroller General of the United States shall consult with a geographically diverse (including

urban, suburban, and rural) representation of--

(1) students and parents;

(2) eligible agencies and eligible recipients;

(3) teachers, faculty, specialized instructional support personnel, and

paraprofessionals, including those with expertise in preparing career and technical

education students for non-traditional fields;

(4) Indian Tribes and Tribal organizations;

(5) special populations; and

(6) representatives of business and industry.

(c) SUBMISSION.--Upon completion, the Comptroller General of the United States shall

submit the study conducted under subsection(a) to the Committee on Education and the

Workforce of the House of Representatives and the Committee on Health, Education, Labor, and

Pensions of the Senate.

PART B--STATE ADMINISTRATIVE PROVISIONS

SEC. 221. [20 U.S.C. 2411] JOINT FUNDING.

(a) GENERAL AUTHORITY.--

Funds made available to eligible agencies under this Act may be used to provide additional funds

under an applicable program if--

(1) such program otherwise meets the requirements of this Act and the

requirements of the applicable program;

(2) such program serves the same individuals that are served under this Act;

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(3) such program provides services in a coordinated manner with services

provided under this Act; and

(4) such funds are used to supplement, and not supplant, funds provided from

non-Federal sources.

(b) APPLICABLE PROGRAM.--

For the purposes of this section, the term ``applicable program'' means any program under any of

the following provisions of law:

(1) Chapters 2 and 3 of subtitle B of title I of the Workforce Innovation and

Opportunity Act.

(2) The Wagner-Peyser Act.

(c) USE OF FUNDS AS MATCHING FUNDS.--

For the purposes of this section, the term ``additional funds'' does not include funds used as

matching funds.

SEC. 222. [20 U.S.C. 2412] PROHIBITION ON USE OF FUNDS TO INDUCE OUT-OF-

STATE RELOCATION OF BUSINESSES.

No funds provided under this Act shall be used for the purpose of directly providing incentives

or inducements to an employer to relocate a business enterprise from one State to another State if

such relocation will result in a reduction in the number of jobs available in the State where the

business enterprise is located before such incentives or inducements are offered.

SEC. 223. [20 U.S.C. 2413] STATE ADMINISTRATIVE COSTS.

(a) GENERAL RULE.--

Except as provided in subsection (b), for each fiscal year for which an eligible agency receives

assistance under this Act, the eligible agency shall provide, from non-Federal sources for the

costs the eligible agency incurs for the administration of programs under this Act, an amount that

is not less than the amount provided by the eligible agency from non-Federal sources for such

costs for the preceding fiscal year.

(b) EXCEPTION.--

If the amount made available from Federal sources for the administration of programs under this

Act for a fiscal year (referred to in this section as the ``determination year'') is less than the

amount made available from Federal sources for the administration of programs under this Act

for the preceding fiscal year, then the amount the eligible agency is required to provide from

non-Federal sources for costs the eligible agency incurs for the administration of programs under

this Act for the determination year under subsection (a) shall bear the same ratio to the amount

the eligible agency provided from non-Federal sources for such costs for the preceding fiscal

year, as the amount made available from Federal sources for the administration of programs

under this Act for the determination year bears to the amount made available from Federal

sources for the administration of programs under this Act for the preceding fiscal year.

SEC. 224. [20 U.S.C. 2414] STUDENT ASSISTANCE AND OTHER FEDERAL

PROGRAMS.

(a) ATTENDANCE COSTS NOT TREATED AS INCOME OR RESOURCES.--

The portion of any student financial assistance received under this Act that is made available for

attendance costs described in subsection (b) shall not be considered as income or resources in

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determining eligibility for assistance under any other program funded in whole or in part with

Federal funds.

(b) ATTENDANCE COSTS.--

The attendance costs described in this subsection are--

(1) tuition and fees normally assessed a student carrying an academic workload as

determined by the institution, and including costs for rental or purchase of any

equipment, materials, or supplies required of all students in that course of study; and

(2) an allowance for books, supplies, transportation, dependent care, and

miscellaneous personal expenses for a student attending the institution on at least a half-

time basis, as determined by the institution.

(c) COSTS OF CAREER AND TECHNICAL EDUCATION SERVICES.--

Funds made available under this Act may be used to pay for the costs of career and technical

education services required in an individualized education program developed pursuant to

section 614(d) of the Individuals with Disabilities Education Act and services necessary to meet

the requirements of section 504 of the Rehabilitation Act of 1973 with respect to ensuring equal

access to career and technical education.

CARL D. PERKINS CAREER AND TECHNICAL EDUCATION ACT …

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